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HomeMy Public PortalAbout2021 1026 Council PacketRIVERDALE PUBLIC INFORMATION SESSION AGENDA PLACE: Riverdale City Hall, no Manor Drive, Riverdale, Iowa DATE: October 26, 2021 TIME: 6:45 P.M. The regular meeting of the City Council of Riverdale, Iowa will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours' notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the city of Riverdale, IA will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City- Hall -a -t(563 .5�54-1-hue-(5)-days prior #o-the-hearing=or-meeting-to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21,2 and 21.8, a member of the Council may attend the meeting either in person or by electronic means, as defined in said sections. PUBLIC INFORMATION SESSION TO DISCUSS THE INCREASE OF SEWER RATES 1. OPEN PUBLIC INFORMATION SESSION 2. ROLL CALL 3. PRESENTATION 4. PUBLIC COMMENT 5. CITY COUNCIL DISCUSSION 6. CLOSE PUBLIC INFORMATION SESSION RIVERDALE CITY COUNCIL AGENDA PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: October 26, 2021 TIME: 7:00 P.M. The regular meeting of the City Council of Riverdale, Iowa will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours' notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the city of Riverdale, IA will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City Hall at (563) 355-2511 five (5) days prior to the hearing or meeting to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21.2 and 21.8, a member of the Council may attend the meeting either in person or by electronic means, as defined in said sections. 1. WELCOME 1.1 CALL TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE 2. REVIEW APPROVAL OF THE AGENDA 2.1. AGENDA MODIFICATIONS/ADJUS'T'MENTS 2.2. APPROVAL OF THE AMENDED AGENDA 2.2.1. Requests by Mayor/Council Members to Move Items off the Consent Agenda 2.2.2. Requests by Members of the Public to Address the Council 2.3 APPROVAL OF CONSENT AGENDA All items under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion. 2.3.1. Council Meeting Minutes October 12, 2021 2.3.2 Approval of Warrants for October 26, 2021 2.3.3. Approval of the Treasurer's Financial Reports 2nd part of October, 2021 2.3.4. Approval of My Place Liquor License rino n_ _. Riverdale City Council Agenda 1 October 26, 2021 7:00 p.m. Page 2 3. PRESENTATIONS AND PROJECT UPDATES Presentations regarding on -going work and projects by city staff and consultants. 3.1 CITYADMINISTRATOR REPORT 3.1.1 Administrative Summary 3.1.2 Deputy Clerk Report 3.2 MSA ENGINEER'S ACTIVITY REPORT 3.2.1 Project Review Summary 3.3 FIRE DEPARTMENT REPORT 3.3.1 RFD Report to Council 3.4 PUBLIC WORKS REPORT 3.4.1 Report for October 7, 2021- October 13, 2021 3.4.2 Report for October 14, 2021- October 21, 2021 3.5 WOODS ESTATES DEVELOPMENT REPORT 3.5.1 Developer's Report to Council 4. PUBLIC COMMENT ON AGENDA ITEMS Audience questions and comments for specific items on the agenda. The public is invited to comment on items on the approved agenda at this time. Audience members wishing to comment on items not on the agenda may offer comment at the public comment period near the end of the agenda. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 RESOLUTIONS 6.1.1 2021-50 A Resolution to Approve a Professional Services Agreement with MSA Professional Services Related to Sanitary Sewer Rehabilitation Phase 2 6.1.2 2021-51 A Resolution Approving the Budget Workshop Dates for FY 2022-2023 for the City of Riverdale, IA 6.1,3 2021-52 A Resolution Approving USIC Locating Services to Provide Sanitary and Storm Sewer Locating Services for the City of Riverdale unti November 15, 2022 6.1.4 2021-53 A Resolution Authorizing the Mayor to Sign the NDPES Phase II (MS4) Annual. Report for Year 2020-2021 Riverdale City Council Agenda October 26, 2021 7:00 p.m. Page g 3 6.2 ORDINANCES 6.2.1 Second Reading of 04.2021 Ordiance Amending The Code of Ordinances of the City of Riverdale, Iowa Sections 95.135 concerning Sewer Service Rates 6.2.2 First Reading of 05-2021 Ordinance Ameding the Code of Ordinances for the City of Riverdale, Iowa by Adding a New Chapter Authorizing the Formation of a Finance Committee OTHER COUNCIL ACTION 7. DISCUSSION AGENDA 7.1 PUBLIC WORKS 7.1.1 Request for a Dead-end sign at Valley Dr and Fenno Rd. 7.2 BUDGET AND FINANCE 7.2.1 Budget Amendment 7.2.2 Proposal Utilization of Budget Surplus 7.2 PUBLIC ENGAGEMENT/INVOLVEMENT 7.2.1 Trick -or -Treat (Sunday, October 31, 2021 from 5:oo-7:3opm) 7.2.2 Winter Activity 8.o REPORT FROM THE MAYOR 8.1 INTERGOVERNMENTAL 8.2 28E AGREEMENT BODIES 8.3 EXECUTIVE ACTIONS 8.4 PROCLAMATIONS 9.o GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL Audience questions and comments for issues not on the agenda. The public is invited to comment on items of individual or general concern. 10. ADJOURNMENT Riverdale City Council Agenda 1 October 26, 2021 7:00 p.m. Page 4 OTHER MEETINGS/CITY EVENTS OF NOTE Sump Pump Meeting Regular City Council Trick -or -Treat in Riverdale Election Day Regular City Council Veteran's Day Regular City Council Thanksgiving Day After Thanksgiving Winter Activity Regular City Council Thursday, October 21, 2021 Tuesday, October 26, 2021 Sunday, October 31,2021 Tuesday, November 2, 2021 Tuesday, November 9, 2021 Thursday, November 11, 2021 Tuesday, November 23, 2021 Thursday, November 25, 2021 Friday, November 26, 2021 Saturday, December 4, 2021 Tuesday, December 14, 2021 6:oo pm 7:00 pm 5:00-7:3opm All Day 7:00 pm Closed 7:00 pm Closed Closed 2:00 pm 7:00 pm KDR October 20. 2021 RIVERDALE CITY COUNCIL MINUTES PLACE: Riverdale City Hall, 110 Manor Drive, Riverdale, Iowa DATE: October 12, 2021 TIME: Too P.M. NOTE: The Regular Meeting of the City Council was held in -person at the appointed time and day in accordance with open meeting laws set and defined by the State of Iowa (Sections 21.2 and 21.8), 1. WELCOME -CALL TO ORDER -The meeting was called to order at Too pm by Mayor Mike Bawden, ROLL CALL -Council Members Present: Adams, Littrel, Krell, DCamp, Heddlesten (via telephone) Also present: Mayor Mike Bawden, Engineer Chris Cooper, City Administrator Kent Royster, Fire Chief Chris Bernard, and other residents and visitors. 2. APPROVAL OF THE AMENDED AGENDA -Motion by Krell, seconded by Adam. Roll Call: All Ayes. MC 3. APPROVAL OF THE CONSENT AGENDA -Motion by Littrel, seconded by Heddlesten. Roll Call: All Ayes. MC CLAIMS REPORT VENDOR ACE TREE SERVICE AHLERS & COONEY, P.C. AVENUE RENTAL BI -STATE REGIONAL COMM CITY OF BETTENDORF CITY OF DAVENPORT CLIA LABORATORY PROGRAM CRESCENT ELECTRIC DEAN HALSEY INTERSTATE POWER SYSTEMS, INC IOWA AMERICAN WATER IOWA LEAGUE OF CITIES K&K TRUE VALUE HARDWARE KELLY KRELL METRO FIBERNET LLC MID -AMERICAN ENERGY CO. QUAD CITY TIMES &JOURNAL S&R LAWNCARE & SNOW REMOVAL SLAGEL FARM MARKET Accounts Payable Total GENERAL TIF/URBAN RENEWAL SEWER TOTAL FUNDS REFERENCE REMOVAL OF FALLEN TREE FENNO DRIVE URP STUMP GRINDER AND TRAILER MEMBER DUES FUEL CHARGES JUNE 2021 SEWAGE TREATMENT CERTIFICATE FEE GELMAPS, VOLTAGE TESTER JANITORAL WORK CK LASERF FOR INSTRUCTIONS VOL SQ PARK CLERK TRAINING PRESSURE WASHER LOGO ON APRONS MONTHLY SERVICE CITY HALL PUBLISHING -MINUTES WEEKLY LAWN CARE SERVICE-SEPT PUMPKINS FOR FALL FEST AMOUNT 2,800.00 60 115 248 389.86 172.15 180 315.85 375 1,725.75 157.46 57 414.2 160.49 102.2 1,217.88 186.59 2,742.00 150 11,569,43 11,327.84 60 181.59 11,569.43 Payroll -October 2021 George Miller -$731.81, Kent Royster-$1961.46, Katie Enloe -$1589.89 Total -$4283.16 4. PRESENTATIONS AND PROJECT UPDATES See the packet for more detailed reports from the City Administrator, the MSA Engineer, Fire Department, and Public Works. 4. PUBLIC COMMENT ON AGENDA ITEMS -Nothing at this time 6. NEW BUSINESS 6.1 RESOLUTIONS 6.1.1 Resolution 2021-49 A Resolution Declaring Certain Property Surplus Property and Authorizing the Proper Disposal Thereof. Motion by Adams, seconded by Littrel. Roll Call: All Ayes. MC 6.2 ORDINANCES 6.2.1 First Reading of 04-2021 Ordiance Amending The Code of Ordinances of the City of Riverdale, Iowa Sections 95.135 Concerning Sewer Service Rates. Motion by Krell, seconded by Adams. Roll Call: All Ayes. MC 7. DISCUSSION AGENDA -Fall Fest had a great turn out and the Winter Activity will be December 4, 2021 at 2:oopm. 8. REPORT FROM THE MAYOR -Nothing at this time 9. GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL -Wendy Syverud would like the discussion of the budget to be added back on the agenda for future meetings. 1o. ADJOURNMENT Motion by Adams, seconded by Heddlesten. The Regular Meeting of the City Council was formally adjourned at 8:47Pm. FOR THE CITY OF RIVERDALE: ATTESTED BY: Michael Bawden, Mayor Katie Enloe, Deputy City Clerk d Oct 20, 2021 2:29 PM VENDOR NAME CLAIMS REPORT Page 1 :heck Range: 10/2612021.10/26/202' REFERENCE VENDOR CHECK AMOUNT TOTAL CHECK# DATE ADVANCED BUSINESS SYSTEMS AMERICAN WATER CENTURY LINK GEORGE MILLER HOPKINS & HUEBNER, P.C. IOWA AMERICAN WATER IOWA ONE CALL J.W. KOEHLER ELECTRIC MID -AMERICAN ENERGY CO. MSA PS3 ENTERPRISES, INC QUAD CITY TIMES & JOURNAL REPUBLIC SERVICES SCOTT COUNTY LIBRARY SYSTEM STORAGE RENTALS OF AMERICA TWINSTATE TECHNICAL SERVICES UMB BANK, N.A. VERIZON VISA WASTE COMM. OF SCOTT CO. MONTHLY SERVICES MONTHLY WATER USEAGE MONTHLY TELEPHONE SERVICE REIMBURSEMENT FOR LT RETURN LEGAL FEES -PERSONNEL MONTHLY UTILITIES-4INFS CHARGES FOR MAY REPLACE 2 PHOTO EYES MONTHLY SERVICES -GAZEBO WOODS ESTATES EMERGENCY ACCESS FALL FEST HANDWASH RENTAL REPRINT OF SEPT MINS MONTHLY GARBAGE SERVICES SEMNIANNUAL TAXES STORAGE RENTAL MONTHLY SERVICES SERIES 2012 GO INTEREST CITY HALL CELL PHONES 2 TIRES ST SWEEEPING 108.09 16.00 238.36 9.05 1,840,00 27,20 39.60 504.54 11,15 13, 407.28 518.00 184.50 3,762.99 8,046,00 208.00 525.25 843,75 177.71 3,205.83 21.75 Accounts Payable Total 33,695.05 7861 10/26/21 7862 10/26/21 7863 10/26/21 7864 10/26/21 7865 10/26/21 7866 10/26/21 7867 10/26/21 7868 10/26/21 7869 10/26/21 7870 10/26/21 7871 10/26/21 7872 10/26/21 7873 10/26/21 7874 10/26/21 7875 10/26/21 7876 10/26/21 7877 10/26/21 7878 10/26/21 7881 10/26/21 7879 10/26/21 i Oct 20, 2021 2:29 PM CLAIMS REPORT Page 2 CLAIMS FUND SUMMARY FUND NAME AMOUNT 001 GENERAL 110 ROAD USE TAX 200 DEBT SERVICE 301 CAPITAL RESERVE 610 SEWER 22,478.30 52.00 843.75 7,745.00 2,576.00 TOTAL FUNDS 33,695.05 :d Oct 20, 2021 2:31 PM /20/2021 THRU 10/20/2021 VENDOR NAME (VOICE NUMBER REFERENCE CLAIMS BY VENDOR Page 1 GL ACCOUNT # PAYMENT AMOUNT AMOUNT CHECK # CHECK DATE ADVANCED BUSINESS SYSTEMS )890 MONTHLY SERVICES 001-650-6490 108.09 AMERICAN WATER 10222593 MONTHLY WATER USEAGE 610-815-6413 16.00 CENTURY LINK 62021 MONTHLY TELEPHONE SERVICE 001-650-6373 MONTHLY TELEPHONE SERVICE 001-150-6373 GEORGE MILLER 62021 REIMBURSEMENT FOR LT RETURN 001-230-6350 HOPKINS & HUEBNER, P.C. 424 LEGAL FEES -PERSONNEL 001-640-6411 623 LEGAL FEES -GENERAL FILE 001-640-6411 624 LEGAL FEES -RECREATION TRAIL 001-640-6411 625 LEGAL FEES -1147 FENNO RD 001-640-6411 IOWA AMERICAN WATER 52021 MONTHLY UTILITIES-4INFS 001-150-6490 IOWA ONE CALL 175 CHARGES FOR MAY 001-650-6490 J.W. KOEHLER ELECTRIC 525 REPLACE 2 PHOTO EYES 001-650-6310 MID -AMERICAN ENERGY CO. 35287 MONTHLY SERVICES -GAZEBO 001-430-6371 '6071.0-2 6079.0-5 6084,0-2 6085.0-2 MSA WOODS ESTATES EMERGENCY ACCESS 301-210-6407 SANITARY SEWER REHAB 610-815-6499 FIRE DEPT PARKING LOT REPLACE 301-210-6499 GENERAL SERVICES AGREEMENT 001-650-6407 PS3 ENTERPRISES, INC FALL FEST HANDWASH RENTAL 001-430-6490 110.00 VANGUNDY PARK 001-430-6490 102.00 BICENTENNIAL PARK 001-430-6490 102,00 BELLINGHAM PARK 001-430-6490 102,00 PEGGY'S PARK 001-430-6490 102.00 119.18 119.18 9.05 780.00 100.00 760.00 200.00 27.20 39.60 504.54 6,450.00 2,560.00 1,295.00 3,102.28 108.09 7861 10/26/21 16.00 7862 10/26/21 238.36 7863 10/26/21 9.05 7864 10/26/21 780.00 7865 10/26/21 100.00 7865 10/26/21 760.00 7865 10/26/21 200.00 7865 10/26/21 27.20 7866 10/26/21 39.60 7867 10/26/21 504.54 7868 10/26/21 11.15 7869 10/26/21 6,450.00 7870 10/26/21 2,560,00 7870 10/26/21 1,295,00 7870 10/26/21 3,102.28 7870 10/26/21 110.00 7871 10/26/21 102.00 7871 10/26/21 102.00 7871 10/26/21 102.00 7871 10/26/21 102.00 7871 10/26/71 d Oct 20, 2021 2:31 PM CLAIMS BY VENDOR 20/2021 TMRU 10/20/2021 VENDOR NAME VOICE NUMBER REFERENCE GL ACCOUNT if Page 2 PAYMENT AMOUNT AMOUNT CHECK # CHECK DATE QUAD CITY TIMES & JOURNAL 128 REPRINT OF SEPT MINS 001-650-6414 109.28 052 SEPT 28TH MINS 001-650-6414 75.22 REPUBLIC SERVICES 0-002121225 MONTHLY GARBAGE SERVICES 001-290-6413 3,762,99 SCOTT COUNTY LIBRARY SYS 62021 SEMNIANNUAL TAXES 001-410-6413 8,046.00 STORAGE RENTALS OF AMERIC 62021 STORAGE RENTAL 001-210-6490 52,00 STORAGE RENTAL 001-650-6490 52,00 STORAGE RENTAL 001-430-6490 52.00 STORAGE RENTAL 110-250-6413 52.00 TWINSTATE TECHNICAL SERVS )8 MONTHLY SERVICES 001-650-6419 525.25 UMB BANK, N.A. ;2021 SERIES 2012 GO INTEREST 200-710-6851 843,75 VERIZON '2021 CITY HALL CELL PHONES 001-650-6373 177.71 VISA 2021 FUEL 001-210-6331 124.00 FUEL 001-210-6331 5.41 CANDY FOR PARADE 001-150-6490 41.70 FANS 001-650-6310 11.84 STORAGE PLAN 001-299-6413 1.06 2 TIRES 001-150-6331 1,315.03 HYD FLUID 001-250-6413 53.70 ROTATING LIGHTS 001-210-6417 51.35 YARD SIGNS 001-499-6490 40.00 APRONS, YARN 001-499-6490 41.49 FOOD FROM SAMS 001-499-6490 375.85 MASKS 001-650-6490 12.99 PAPER, MARKERS, ADAPTER 001-650-6506 95.97 STORAGE BIN 001-650-6506 13.29 STAMPS 001-650-6508 232.00 STAMPS 001-650-6508 290.00 FEES 001-650-6490 164.15 BATTERIES 001-150-6331 336.00 WASTE COMM. OF SCOTT CO. 085163 ST SWEEEPING 001-270-6413 21.75 109.28 7872 10/26/21 75.22 7872 10/26/21 3,762.99 7873 10/26/21 8,046.00 7874 10/26/21 208.00 7875 10/26/21 525.25 7876 10/26/21 843.75 7877 10/26/21 177.71 7878 10/26/21 3,205.83 7881 10/26/21 21.75 7879 10/26/21 REPORT TOTAL 33,695.05 'DT00 Thu Oct 21, 2021 9:11 AN City of Riverdale IA 13.21 PAID THROUGH 10/20/2021 CHECK REGISTER CALENDAR 10/2021, FISCAL 4/2022 DATES 10/20/2021 -- 10/26/2021 OPER: KE JRNL 1085 LAST CHECK OF MONTH :K NO DATE EMP NO PAY TO THE ORDER OF CHECK AMOUNT CLEARED VOIDED MANUAL PAGE 1 1 QUAD CITY BANK & TRUST 7882 10/26/2021 13 GEORGE T MILLER 7883 10/26/2021 21 MICHAEL T BAWDEN 7884 10/26/2021 28 KENT D ROYSTER 7885 10/26/2021 29 KATIE J ENLOE BANK TOTAL 654,52 383.80 1961.46 1562.05 4561.83 REPORT TOTAL 4561.83 'DT00 Thu Oct 21, 2021 9:11 AM City of Riverdale IA )3.21 PAID THROUGH 10/20/2021 DEDUCTION CHECK REGISTER CALENDAR 10/2021, FISCAL 4/2022 DATES 10/20/2021 -- 10/26/2021 OPER: KE 7RNL 1085 LAST CHECK OF MONTH :K NO DATE VENDOR# PAY TO THE ORDER OF CHECK AMOUNT CLEARED VOIDED MANUAL PAGE 1 7886 10/26/2021 7887 10/26/2021 7888 10/26/2021 15267 10/26/2021 1 QUAD CITY BANK & TRUST 5 IPERS 1797.12 216 AFLAC 68,38 430 STATE OF ILLINOIS 189.56 CHECK TOTAL 2055.06 ELECTRONIC VENDOR PAYMENTS 230 EFTPS PROCESSING CENTER 2585,49 ELECTRONIC PAYMENT TOTAL 2585.49 REPORT TOTAL 4E40,55 iu Oct 21, 2021 9:30 AM :COUNT TITLE TREASURER'S REPORT Page 1 CALENDAR 10/2021, FISCAL 4/2022 LAST MONTH CHANGE IN ENDING END BALANCE RECEIVED DISBURSED LIABILITY BALANCE 1 GENERAL 372,243.48 47,469.16 338.00 325,112.32 2 FEMA DERECHO 11,250.00 11,250.00 0 ROAD USE TAX 91,656.86 57.66 91,599,20 1 I -JOBS 1 LOCAL OPTION SALES TAX 367,312.03 367,312,03 5 TIF/URBAN RENEWAL 329,457,17- 60.00 329,517.17- 6 TIF 2 7 TIF 3 8 TIF 4 0 FIRE AWARDS 96.32 96.32 0 DEBT SERVICE 65,988.31 843.75 65,144.56 0 CAPITAL IMPROVEMENT LEV 93,871.85 93,871.85 1 CAPITAL RESERVE 323,190.93 7,745.00 315,445.93 2 ROAD REPLACEMENT 51,097.74 51,097.74 3 FIRE EQUIPMENT/REPLACEM 92,505.03 92,505.03 4 2011 CAPITAL PROJECT(BOND SEWER 71,516.93- 425.25 2,912.45 74,004.13 - SEWER - CAPITAL PROJECT 29,245.61- 29,245.61 - Report Total 1,038,992.84 425.25 59,088.02 338.00 980,668.07 u Oct 21, 2021 9:31 AM BUDGET REPORT Page 1 CALENDAR 10/2021, FISCAL 412022 PCT OF FISCAL YTD 33.3% TOTAL MTD YTD PERCENT COUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED FIRE TOTAL 108,073.00 4,134.72 21,606.84 19.99 86,466.16 ANIMAL CONTROL TOTAL 250.00 .00 .00 .00 250.00 OTHER PUBLIC SAFETY TOTAL 11, 350.00 .00 .00 .00 11, 350.00 PUBLIC SAFETY TOTAL ROADS, BRIDGES, SIDEWALKS TOTA STREET LIGHTING TOTAL TRAFIC CONTROL & SAFETY TOTAL SNOW REMOVAL TOTAL STREET CLEANING TOTAL GARBAGE TOTAL STORM SEWER/DRAINAGE TOTAL OTHER PUBLIC WORKS TOTAL PUBLIC WORKS TOTAL LIBRARY TOTAL PARKS TOTAL OTHER CULTURE/RECREATION TOTA CULTURE & RECREATION TOTAL 119,673.00 4,134.72 21,606.84 18.05 98,066.16 32,210,00 1,238.33 7,619,89 23.66 24,590.11 7,500.00 557,96 2,200.33 29.34 5,299.67 4,500,00 108.94 4,949,49 109.99 449.49- 18,383.00 175.89 566.17 3.08 17,816.83 3,910.00 21.75 193.19 4.94 3,716.81 49,000.00 3,762.99 15,025.95 30.67 33,974.05 3,096.00 240.55 2,590.25 83.66 505.75 119, 975.00 1.06 261.06 .22 119, 713.94 238,574,00 6,107.47 16,000.00 59,615.00 5,000,00 8,046.00 3,363.70 880.03 33, 406,33 14.00 8,046.00 50.29 39,593.90 66.42 2,984.53 59.69 205,167.67 7,954.00 20,021.10 2,015.47 80,615.00 12,289.73 50,624.43 62.80 29,990.57 COMMUNITY BEAUTIFICATION TOTA 12,500.00 .00 4,910.00 39.28 7,590.00 ECONOMIC DEVELOPMENT TOTAL 20,574.00 60.00 10,106.94 49,12 10,467.06 OTHER COMM & ECO DEV TOTAL 1,000.00 .00 12,154.78 1,215.48 11,154.78 - COMMUNITY & ECONOMIC DEV TOTA 34,074.00 60.00 27,171.72 79.74 6,902.28 MAYOR/COUNCIL/CITY MGR TOTAL 78,476.00 6,546.98 30,322.02 38.64 48,153.98 CLERK/TREASURER/ADM TOTAL 55,112.00 4,687.05 22,096.02 40.09 33,015.98 ELECTIONS TOTAL 4,000.00 .00 .00 .00 4,000.00 LEGAL SERVICES/ATTORNEY TOTAL 8,000.00 1,840.00 16,811.47 210.14 8,811.47 - CITY HALL/GENERAL BLDGS TOTAL 122,067.00 11,920.87 41,752.78 34.20 80,314.22 GENERAL GOVERNMENT TOTAL DEBT SERVICES TOTAL DEBT SERVICE TOTAL ROADS, BRIDGES, SIDEWALKS TOTA CAPITAL PROJECTS TOTAL 267, 655.00 24, 994.90 110, 982.29 41.46 156, 672.71 76, 688.00 843.75 1,843.75 76,688.00 843.75 2.40 74,844.25 1,843.75 2.40 74,844.25 375,000.00 7,745.00 18,925.00 5.05 356,075.00 375,000.00 7,745.00 18,925.00 5.05 356,075.00 iu Oct 21, 2021 9:31 AM BUDGET REPORT Page 2 CALENDAR 10/2021, FISCAL 4/2022 PCT OF FISCAL YTD 33.3% TOTAL MTD YTD PERCENT :COUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED SEWER/SEWAGE DISPOSAL TOTAL 395,715,00 2,912,45 39,183.50 9.90 356,531.50 ENTERPRISE FUNDS TOTAL 395,715,00 2,912.45 39,183.50 9.90 356,531.50 TOTAL EXPENSES BY FUNCTION 1,587,994.00 59,088.02 303,743.86 19.13 1,284,250.14 u Oct 21, 2021 9:31 AM REVENUE REPORT Page 1 CALENDAR 10/2021, FISCAL 4/2022 PCT OF FISCAL YTD 33.3% BUDGET MTD YTD PERCENT COUNT NUMBER ACCOUNT TITLE ESTIMATE BALANCE BALANCE RECVD UNCOLLECTED GENERAL TOTAL 525,298,00 .00 145,946.95 27,78 379,351.05 FEMA DERECHO TOTAL .00 .00 11,250.00 .00 11,250.00 - ROAD USE TAX TOTAL 55,000.00 .00 16,403.97 29.83 38,596.03 LOCAL OPTION SALES TAX TOTAL 113,484.00 .00 33,192.31 29.25 80,291.69 TIF/URBAN RENEWAL TOTAL .00 .00 1,480.65 .00 1,480.65 - DEBT SERVICE TOTAL 82,251.00 .00 374.61 .46 81,876.39 CAPITAL IMPROVEMENT LEVY TOTA 45,408.00 .00 53.01 .12 45,354,99 CAPITAL RESERVE TOTAL 3,301.00 .00 .00 .00 3,301.00 SEWER TOTAL 395,000.00 425.25 62,288.24 15.77 332,711.76 TOTAL REVENUE BY FUND 1,219,742.00 425.25 270,989.74 22.22 948,752.26 Katie Enloe From: noreply@salesforce.com on behalf of IOWA ABD Licensing Support <elaps@iowaabd.com> Sent: Tuesday, October 19, 2021 8:02 AM To: Katie Enloe Cc: licensingnotification@iowaabd.com Subject: Application App -149398 Ready for Review Hello, Application Number App -149398 has been set to "Submitted to Local Authority" status and is currently ready for your review. Corp Name: My Place, LLC DBA: My Place License Number: LC0041261 Application Number: App -149398 Tentative Effective Date: 10/31/2021 License Type: Class C Liquor License (LC) Application Type: Renewal Amendment Type: Thank you. ALCOHOLIC LEVERAGES DIVISION srArm Iowa Applicant NAME OF LEGAL ENTITY My Place, LLC State of Iowa Alcoholic Beverages Division NAME OF BUSINESS(DBA) My Place BUSINESS (563) 570-1993 ADDRESS OF PREMISES CITY COUNTY ZIP 4405 State Street Suite E Riverdale Scott 52722 MAILING ADDRESS CITY STATE ZIP 1019 Brown Street Bettendorf Iowa 52722 Contact Person NAME PHONE Jamie Long License Information LICENSE NUMBER LC0041261 EFFECTIVE DATE Oct 31, 2021 SUB-PERMITS/PRIVILEGES EMAIL (563) 570-1993 longjamie662@gmail.com LICENSE/PERMITTYFE TERM STATUS Class C Liquor License 12 Month Submitted to Local Authority EXPIRATION DATE Oct 30, 2022 Class C Liquor License, Outdoor Service, Sunday Service LAST DAY OF BUSYNESS ALCOHOLIC BEVERAGES DIVISION Sabot lava State of Iowa Alcoholic Beverages Division Status of Business BUSINESS TYPE Limited Liability Company Ownership NAME TY STATE ZIP POSITION % OF OWNERSHIP U,S, CITIZEN Jamie Long Bettendorf Iowa 52722 Member 100.00 Insurance Company Information INSURANCE COMPANY Yes POLICY EFFECTIVE DATE POLICY EXPIRATION DATE Illinois Casualty Co Oct 31, 2021 Oct 31, 2022 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE OUTDOOR SERVICE EXPIRATION DATE DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE TEMP TRANSFER EXPIRATION DATE DATE Administrative Summary October 26, 2021 Memorandum Date: October 20, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: Administrative Notes (October 12, 2021 -October 26, 2021) Greetings all, 1. Budget Workshops The budget workshops are staffs' or volunteers opportunity present our ideas to you. We would ask that if you are available to make the meetings you attend. Based on your ideas and direction will provide estimates of revenue at each step. I am going to reference the Deputy Clerk's Memo regarding our vision on how we see this process moving forward. In Katie's report she included an excel spreadsheet and a Capital worksheet for your input. If you have an idea for a Capital Project, please fill out the worksheet and staff will do the rest. 2. Public Information Sessions regarding Sanitary Sewer Rate Increases The Mayor has agreed to two more Public Information Sessions. Those will take place 15 minutes before the October 26th and November 9th council meetings. Our only question has been from SCC's new Director of Operations. She requested an estimate of what SCC's first quarter's bill might look like. We have provided that to them. Administrative Summary October 26, 2021 3. Fenno Dr Fenno Dr passed proof roll test. The contractor placed tile and graded dirt. The contractor is currently rocking the "SW" side. The contractor will probably be ready for a concrete pour for the curb and gutter late by at least the end of the this week (October 22nd) weather permitting. 4. Woods' Report to Council We issued one Certificate of Occupancy this week. 386 Ann Ave. Seth was sent a reminder regarding an outstanding invoice. We currently have an open LOC with Orion Bank. 5. MLA We have included a registration form for the Municipal Leadership Institute. We have one council member that has completed the institute. There is funding and virtual options are available. 6. Budget Correction for Penalty We have scheduled a meeting with Paul Dcamp and others on October 28, 2021 at 2:00 pm for those who are interested in the discussion. Staff has initially looked at the situation we will have a proposed solution in time for November 9th meeting. 7. Resolution 2021-50 This is the construction supervision contract for the Sanitary Sewer Relining. If you concur, a pre -construction meeting will take place. And, hopefully we will be off and running! 8. Resolution 2021-51 At your request staff created a resolution to firm up the dates and scheduling for the budget. We believe we can meet the deadlines and plans. Please see Deputy Enloe's report. Administrative Summary October 26, 2021 9. Resolution 2021-52 This resolution is to have USIC take over locating services for the City of Riverdale. However, in reviewing the contract we have hit major roadblocks. Unless I am able to iron these issues out in the next 24 hours this will need to be tabled or pulled from the agenda. to. Resolution 2021-53 This resolution to authorizes the Mayor sign the NDPES Phase II Annual Report. I am not sure how this has occurred in the past. However, staff didn't complete one of the recommendations last year; which was to link SUDAS specifications on the website. The recommendations and subsequent actions needed will be followed through. 11. Ordinance 05-2021 At your request we have drafted an Ordinance establishing a Budget Committee. Highlights include a 3 -member committee not 5, it allows for a community member to included. Please discussion and recommend changes. 12. Press release for Dog Station I wanted to finish this report with something fun. We received a grant for a free Dog Station. Staff placed it in Volunteer Square Park. On November 5th at 10 am in front of the station Scott County Watershed wants to do a Press Conference. I am hopefully Riverdale's dog owners will show up in force! As always contact me for questions. It is a pleasure to be your City Administrator. Thank you, Kent Royster MUNICIPAL LEADERSHIPACADEMY oin us for the 2021-2022 Municipal Leadership Academy! MLA offers • ducation on a variety of important city government topics and is a great ay to prepare for your role as a city official. LA is designed to help all city officials better understand their rote in unicipat government andhow to effectively serve their community. It is idely considered essential training for elected officials, especially those cently.elected to office. he three-part training series offers a comprehensive overview of city govern- ent and is presented by the Iowa League of Cities and the Office of State and cat Government Programs at Iowa State University Extension and Outreach. dership in city government in- s making policy decisions that e daily lives of citizens. It is the mayor, council mem- ainte ensure ment. MLA will conn dees with available resources, derrion- strate how to comply with various state laws and enhance policy mak- and leadership skills. City finance and budgeting council meetings x :einsibilities esources x Both newly ele' council membe participating. M veterr yor and benefit greatly from is also an excellent training opportunity for city staff, including at administrator city clerks and s y�r t ,try 6fficials. All ity From effective council m to municipal operations LA -give attendees the too ;` ��.''�g��dtobe ??lei •,., i# .+c tj, pan n. di - F stampo . n' for- MUNICIPAL LEADERSHIP ACADEMY MLA Part One begins shortly after the city election and before most first-time elected officials take office. MLA Part Two is released the first week of the new term i.n. January. Please share this infor- mation with them after the election and en- courage the mayor and entire council along with other city officials to attend MLA. Certified Elected MunkipajOfficiai The Certified Elected Municipal Official ,. o I (CEMO) recognizes elected officials who are committed to certified elerYeJ,mun,c+pn+vrlia+vr continuing their profes- sional development as electedofficials. This voluntary recognition program is run by the Iowa League of Cities and allows attendees to build toward the CEMO designation while receiving meaningful, informative and useful information n topics that expand their knowledge and capa- ilities. MLA Part One is among the required core ourses for the program and accounts for 5 credits. un res vid five a vi 20 gre eadership and management requires an ng of the basics of city government and the ties of city officials. The first part of MLA pro- 0,-rview of city government, offered through n workshops around the state along with sion. In addition, attendees will receive the unicipal Policy Leaders'Handbook, which is a rce on all things city government. The hand - is a $40 value! Budget and Finance A chief duty of the city council and staff is the develop- ment and approval of the annual city budget. This ses- sion will provide the basics of city budgets, including the property tax system, budget adoption schedules, rev- enue streams and expenditures. Effective City Councils Part of being a mayor or council member is learning to work as a team to accomplish the city's goals. Learn strat- egies to conduct more efficient and effective meetings. Municipal Operations Cities provide a wide variety of daily services to citizens, each of which come with different responsibilities and. concerns. Get a better understanding of your obligations understate and federal laws as well as how basic services are provided. MLA Part One costs $80, which includes a meal at the in -person sessions and a copy of the 2022 Iowa Municipal Policy Leaders' Handbook. ese Z during t viewed 1 nience tofi f MLA is a set of online trainings held eek of January 2022, which can be the League's website at your conve- e videos all at once or separately in order ty's orientation program for new officials. dget the basic city finance information covered in earing how a city budget is developed. etting attendees prepared to partici- their city budget process. You Got Elected, Now What? This video covers strategies for success in office, handling human resources issues, council meeting basics and an overview of roles and responsibilities. Basics of Planning and Zoning Get an overview of planning and zoning laws as well as LA Part Three builds on the under- anding developed in the first two parts covering specific issues and challeng- that cities face, providing attendees pals to improve their communities. Part free is held at five locations around the ate with one virtual session. :onomic Development am about the city's role in economic avelopment and the tools used by ty governments to retain and attract asinesses and housing. This session is ;sential to understanding the critical le city officials have in maintaining and iproving their local economy. Immunity Betterment I want a healthy, clean and vibrant )mmunity, but it does not come easy. aar how your city can proactively can up properties and neighborhoods, 'prove its nuisance abatement efforts Id boost community pride. :ting Strategically scussion will focus on ways cities n determine priorities, set goals and rry out initiatives. Any successful city ustthink and act strategically and this ssion will provide attendees tools to nduct planning and ways to work gether. LA Part Three costs $80. VILA Part Four ais attendance the League's Annual Conference & hibit, held September 28-30, 2022 Waterloo. Separate registration for s event is required. The conference :ludes nearly 40 workshops and is an portunity to continue your municipal ucation yearly as well as network with ier city officials. .A Graduation ou register and attend at least three is in the MLA series you will receive ?cial recognition at the Annual Con- ance & Exhibit in 2022. Additionally, ar the conference you will receive a tificate in the mail and the League MLA Part One Locations: • Thursday, December 2, 2021 Atlantic The Venue 307 Walnut St, Atlantic Saturday, December 4, 2021 Clear Lake Marriott Hotel and Event Center 1401 Bayou, Clear Lake Thursday, December 9, 2021 Cherokee Community Center (Auditorium, upper level) 530 W Bluff St, Cherokee • Saturday, December 11, 2021 Cedar Rapids Marriott 1200 Collins Rd NE, Cedar Rapids • Thursday, December 16, 2021 Virtual (via Zoom, details available online) ® Saturday, December 18, 2021 Ankeny Courtyard by Marriott 2405 SE Creekview Dr, Ankeny MLA Part Three Locations: o Saturday, April2, 2022 Iowa City Big Grove Brewery 1225 S Gilbert St, Iowa City Q Thursday, April 7, 2022 Emmetsburg The Shore at Five Island 14 N Lawler St, Emmetsburg O Saturday, April 9, 2022 Waterloo Convention Center at Sullivan Brothers Plaza 200 West Fourth St, Waterloo ®i Thursday, April 14, 2022 Red Oak Montgomery County YMCA 101 E Cherry St, Red Oak ® Thursday, April 21, 2022 Virtual (via Zoom, details available online) Saturday, April 23, 2022 Johnston Hilton Garden Inn 8600 Northpark Dr, Johnston • • in Or MUNICIPAL LEADERSHIP ACADEMY ie Office of State and Local Government Programs at wa State University Extension & Outreach provides aining and technical support to elected and appointed ficials, at all levels of government. Annual training aportunities include the Iowa Municipal Professionals stitute and Academy, Planning and Zoning Workshops well as various training programs for cities, counties and ate departments. )ntact: Sara Shonrock, sshonroc@iastate.edu or 75) 294-7844. The Iowa League of Cities is an association of more than 860 cities in Iowa, large and small.The League serves as the unified voice of cities, providing advocacy, training and guid- ance to strengthen Iowa's communities. As a resource for city officials the League is available to answer city government questions in addition to providing a variety of training and publications, including a monthly magazine. Contact: MbrSvcs@iowaleague.org, (515) 244-7282 or www.iowaleague.org. Register online at www.iowaleague.org me e dress //Zip ail me //Organization Represented 'efferent than City above) MLA Part One - $80 MLA Part Two - $60 MLA Part Three - $80 (istrations are due seven days before the date of the workshop. igistration received after its deadline is subject to a $10 late Full refunds will be issued on cancellations made seven days it to the meeting. Due to meal considerations, no refunds for 'erson events can be given after the registration deadline. Call League at (515) 244-7282 if you have any special accessibility or ary considerations. MLA Part One (choose one) $80 ❑ 4 - 8 p.m.1 Thursday, December 2, 20211 Atlantic O 10 a.m. - 2 p.m.1 Saturday, December 4, 2021 1 Clear Lake O 4 - 8 p.m. 1 Thursday, December 9, 2021 I Cherokee ❑ 10 a.m. - 2 p.m. I Saturday, December 11,2021 1 Cedar Rapids ❑ 4 - 8 p.m. !Thursday, December 16, 2021 1 Virtual ❑ 10 a.m. - 2 p.m.1 Saturday, December 18, 2021 1 Ankeny MLA Part Two $60 O Online Training 1 Available in January 2022 MLA Part Three (choose one) $80 0 0 10 a.m. - 2 p.m. 1 Saturday, April 2, 2022 1 Iowa City 4 - 8 p.m. 1 Thursday, April 7, 20221 Emmetsburg 10 a.m. - 2 p.m. I Saturday, April 9,20221 Waterloo 4 - 8 p.m. 1 Thursday, April 14, 2022! Red Oak 4 - 8 p.m. I Thursday, April 21, 2022 I Virtual 10 a.m. - 2 p.m. 1 Saturday, April 23,20221 Johnston Total: �J1MSA PROJECT UPDATE I A Review of MSA Projects in Your Community City of Riverdale, IA CLIENT LIAISONS: Kevin Bailey, PE, Team Leader & Office Manager Phone: (563) 424-3701 Email: kbailwey@msa-ps.com Christian R. Cooper, PE, CPESC. Phone: (563) 424-3696 Email: ccooper@msa-ps.com DATE: OCTOBER 26, 2021 SANITARY SEWER REHABILITATION PROJECT — PHASE 2 The Contracts for the sanitary sewer project. MSA will try to schedule a pre -construction meeting. WOODS ESTATES EMERGENCY ACCESS ROUTE MSA is progressing on the plans for this project. MSA met at the project site with Mr. Miller to learn about the supply lines for the water fountain. CITY HALL PARKING LOTS MSA did meet with the City Administrator. MSA discussed possible cost savings if Hot -Mix - Asphalt (HMA) is utilized instead of Portland Cement Concrete (PCC). It is our understanding, in the manner the Mayor appears to have budgeted for this project, that the City would like to move forward with this project with PCC paving. SOUTH BELLINGHAM STREET INTAKE The repair of these intakes will be addressed by the sewer rehabilitation construction project. WATER MAIN BREAK ON FENNO ROAD MSA has been having regular communication with Iowa American, RTM Engineering, and Hawkeye Water and Sewer. Construction for the new curb on the west side of Fenno should begin this week. PROJECT UPDATE Page 1 of 2 J1MSA P:110800s110870s1108761PROJECT UPDATES & MEETINGS'Project Updates12021 Updates1211026 Riverdale Project Update.docx PROJECT UPDATE City of Riverdale, IA October 26, 2021 CAPITAL IMPROVEMENTS MSA is working on determining budget costs for the Woods Emergency Access Road, stabilization for a critical portion of Fieldcrest Creek, and a third phase of the sanitary sewer rehabilitation program. MISCELLANEOUS None PROJECT UPDATE MSA Page 2 of 2 P:\108005110870s110876\PROJECT UPDATES & MEETINGS\Project Updates12021 Updates1211026 Riverdale Project Update.docx Deputy Clerk Summary October 18, 2021 Memorandum Date: October 26, 2021 To: Mayor Mike Bawden Members of the City Council From: Deputy City Clerk Katie Enloe Re: Notes In the past couple of weeks, I have mailed out sewer bills and completed deposits of payments we received back. I updated the home page of the website the best I could. There are still some things I need to learn. I submitted the Urban Renewal Plan to Scott County and sent the required documents to Ahlers & Cooney. I completed payroll and invoices which you have the claims list in your packet. Behind the claims list is a report called Claims by Vendor. There is where you will find the descriptions for invoices you are approving. I tried to expand the claims list to show more but it is not possible. Included in your packet is an excel spreadsheet and a worksheet I created for Capital Projects. Kent and I are hoping this will help with long term financial planning and the budget. I am working on the Trees Please Grant Application through MidAmerican Energy. It is due December 31, 2021. The November newsletter will go out the end of next week. Kent and I have worked together on the Increase of Sewer Rates Ordinance, which you will see on this agenda for the second reading. We also worked together on the Budget Ordinance which you will see on the agenda for the first reading. You will see on the agenda Resolution 2021-52 A Resolution Approving USIC Locating Services to Provide Sanitary and Storm Sewer Locating Services and an attached Exhibit A. Kent should be able to answer any questions regarding the contract, I just wrote the resolution. Deputy Clerk Summary October 18, 2021 Kent and I sent out letters to all residents regarding the budget workshop dates for FY 2022-2023. There is also Resolution 2021-50 on this agenda establishing the budget workshop dates. Below is a schedule of those dates. We would like Council to be at all the workshops and Chris Bernard to be at the Fire Department workshop. I will attend all budget workshops. Staff will provide a first draft for your consideration. Changes can be made at the workshop if you so choose. Kent and I's vision would be to have an updated budget at each workshop. Once we have the workshop the numbers will be updated in Gworks for the next session. We would like the budget completed and approved in February so in case we have any issues, we still have March to make changes if need be. Dates Time November 9, 2021 6:oo PM Workshop with Fire Department November 23, 2021 6:oo PM Workshop with Administration December 14, 2021 6:oo PM Workshop for Public Works including Sewer January 11, 2022 6:oo PM Workshop for Capital Expenses and Salaries January 25, 2022 6:oo PM Workshop For Revenue February 8, 2022 6:oo PM Final Review of Budget DEPAR TMENT: FU ND: PR OJECT TIT LE: TOTAL PRO JECT COST: FUND ACCOU NT: PR OJECT BUDGET PR IOR YEAR S CIP 2022-2023 2023-2024 2024-2025 2025-2026 2026-2, E XPEN DUT IRE ITEMS: TOTAL PROJECT FINANC ING: TOT AL: PROJECT D ESCRIPT ION: JUSTIFIC AT ION : OPE RA TING IMPACT : CITY CO UNCIL GO AL/PR IOR ITY: Pro gram/De pt. PUBLIC SAFETY Fire GENERA L GOVERNMENT City Hall CULTURE & RECREA TION Parks & Recreation PUBLIC WORKS Emerge ncy Rou te Sewer Fenno Drive Project Description Sou rce of Funds FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 To tal Report Date: October 18, 2021 To: Members of the City Council Mayor Mike Bawden From: Fire Chief Chris Bernard Re: Report to Council for 10-4-2021 to 10/18/2021 Calls: Fire and EMS call activity for the period included the following: • 10-8-2021 EMS traffic accident 50o Belmont Rd • 10-11-2021 EMS 556 Belmont Rd Training: • Vehicle preventative maintenance • Firefighter skill drills Other: • Annual pump testing for E5, Q4, and T7 Task Task Start time End time Durati Note name descripti Durati on in on on hours Buildi Oct 7, 2021 Oct 7, 2021 1:00:0 1 ng at 8:00:00 at 9:00:00 0 AM AM Wood Oct 7, 2021 Oct 7, 2021 2:00:0 2 C 0 inspection for 240 Ann s at 9:00:00 at 11:00:00 0 Ave. AM AM Mud at end of Madison Dr Ordered garbage and recycle bins for 240 & 362 Ann Ave Storm Water Oct 7, 2021 Oct 7, 2021 1:00:0 1 Manor Dr basins cleared at 11:00:00 at 12:00:00 0 AM PM Snow/Salt Oct 7, 2021 Oct 7, 2021 1:30:0 1.5 Manor Dr basin markers at 12:00:00 PM at 1:30:00 PM 0 repainted and new reflective applied. Buildi Oct 7, 2021 Oct 7, 2021 1:00:0 1 Emails ng at 1:30:00 at 2:30:00 0 PM PM One call tickets Check in with Kent Woods spot report emailed 240 Ann Ave C 0 inspection emailed Parks Oct 11, 2021 Oct 11, 2021 0:30:0 0.5 Flags raised at 9:30:00 at 10:00:00 0 AM AM Buildi Oct 11, 2021 Oct 11, 2021 1:00:0 1 Emails ng at 10:00:00 at 11:00:00 0 AM AM One call tickets Check in with Kent Follow up emails for FD truck service Street s Oct 11, 2021 at 11:00:00 Oct 11, 2021 at 11:30:00 0:30:0 0 0.5 Refuel truck at BPW AM AM RFD Oct 11, 2021 Oct 11, 2021 2:00:0 2 Pick up truck 7 from Moline at 11:30:00 at 1:30:00 0 maintenance garage AM PM Wood s Oct 11, 2021 at 1:30:00 PM Oct 11, 2021 at 3:00:00 PM 1:30:0 0 1.5 Follow up on driveway permits for 4 properties in phase 2 Buildi ng Oct 12, 2021 at 8:00:00 AM Oct 12, 2021 at 9:00:00 AM 1:00:0 0 1 Emails One call tickets Check in with Kent and Katie Street s Oct 12, 2021 at 9:00:00 AM Oct 12, 2021 at 2:30:00 PM 5:30:0 0 5.5 Check on Fenno RFD project. First panel about to be poured this morning at Valley Dr and Fenno Rd Swept streets Manor Windsor Elmhurst Circle Fieldcrest Kensington Sycamore Wisteria State Buildi ng Oct 12, 2021 at 2:30:00 PM Oct 12, 2021 at 3:00:00 PM 0:30:0 0 0.5 Emails One call tickets Check in with Kent and Katie Sweeper log book Buildi ng Oct 13, 2021 at 9:30:00 AM Oct 13, 2021 at 11:00:00 AM 1:30:0 0 1.5 Emails One call tickets Check in with Kent and Katie Stamps from post office Parks Oct 13, 2021 at 11:00:00 AM Oct 13, 2021 at 1:00:00 PM 2:00:0 0 2 Left over hay bales from park dropped off at Franz Farms Mark and call in locate for Volunteer Park (poop station) Storm Water Oct 13, 2021 Oct 13, 2021 1:00:0 1 Storm water inspection : at 1:00:00 at 2:00:00 0 PM PM Manor hill Lower Fenno Rd (just cleaned) Street Oct 13, 2021 Oct 13, 2021 1:30:0 1.5 Locate and purchase 2 gals of s at 2:00:00 at 3:30:00 0 Hydraulic oil for the sweeper PM PM RESOLUTION 2021-50 A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH MSA PROFESSIONAL SERVICES RELATED TO SANITARY SEWER REHABILITATION PHASE 2 WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, upon review and consideration of correspondence from City Engineer, MSA Professional Services, theft Project Engineer, Christian Cooper, P.E., CPESC Agreement for Engineering Services to Construct Sanitary Sewer Rehabilitation Phase 2; WHEREAS, the City of Riverdale desires to complete manhole chimney rehabilitation, storm inlet replacement, storm manhole construction, sanitary sewer lining, manhole leak repairs, and ensure PCC standards, and; WHEREAS, the amount of engineering review required for this type of review of this type project is almost entirely driven by the developer/design engineer. That is, their design and their ready adaption /acceptance to review comments is driving the review engineer's effort and; WHEREAS, the City has previously approved $189,427.55 in FY 2021 for this project; NOW THERE FOR IT BE RESOLVED, by the City of the City of Riverdale, Iowa that; Section 1. Authorizes the Mayor to execute orders, contracts and other documents required by the City Engineer at a price not to exceed the $15,600.00 authorized by this resolution without further advice and consent of the City Council. Section 2. The City Engineer is hereby ordered to update the City Council at future meetings regarding the status of the Sanitary Sewer Rehabilitation Phase 2. Passed and approved this 26th day of October, 2021. Attest: Michael Bowden, Mayor Katie J. Enloe MSA Professional Services Agreement This AGREEMENT (Agreement) is made today October 6, 2021 by and between CITY OF RIVERDALE (OWNER) and MSA PROFESSIONAL SERVICES, INC. (MSA), which agree as follows: Project Name: Sanitary Sewer Rehabilitation - Phase 2 Construction Engineering Services The scope of the work authorized is: See Attachment A: The schedule to perform the work is: Approximate Start Date: October 15, 2021 Approximate Completion Date: May 1, 2022 The lump sum fee for the work is: $15,600.00 The retainer amount required is: $0.00 NOTE: The retainer will be applied toward the final invoice on this project. All services shall be performed in accordance with the General Terms and Conditions of MSA, which is attached and made part of this Agreement. Any attachments or exhibits referenced in this Agreement are made part of this Agreement. Payment for these services will be on a lump sum basis. Approval: Authorization to proceed is acknowledged by signatures of the parties to this Agreement. CITY OF RIVERDALE MSA PROFESSIONAL SERVICES, INC. Michael Bawden Jake Huck, Mayor Regional Public Works Manager Date: Date: 10/6/2021 &tr-/* 4! Kent Royster Christian R. Cooper, P.E., CPESC. City Clerk Project Engineer Date: Date: ®efOcie 110 Manor Drive Riverdale, Iowa 52722 Phone: 1 (563) 355-2511 2117 State Street, Suite 200 Bettendorf, Iowa 52722 Phone: 1 (563) 424-3696 Attachment A Scope of Work: MSA intends to coattail construction engineering efforts with the City of Panorama Park. Therefore, the mileage expenses included in this Professional Services Agreement are less than would normally be expected. In other project engineering efforts, MSA's time most likely cannot be shared with the City of Panorama Park. Because this project will extend in to 2022, MSA has anticipated cost -of -living increases for 2022 in this Professional Services Agreement. Therefore, MSA will not request an amendment to the Agreement due to changes in staff pay rates. MSA anticipates the following scope of work: 1. MSA will chair two pre -construction meetings. The first pre -construction meeting will be for manhole chimney rehabilitation, storm inlet replacement, and storm manhole construction. It is anticipated this meeting will be held in October 2021. 2. The second pre -construction meeting the MSA will chair will be for the sanitary sewer lining and manhole leak repairs. It is anticipated this meeting will be held February 2022. 3. MSA will review shop drawings and resubmit show drawings. 4. MSA will make up to 12 field visits to review Contractor's progress and answer Contractor and/or resident questions. 5. MSA will submit field reports to the City's Administrator. 6. MSA will review pay applications submitted by the Contractor. This includes verifying quantities were applicable. 7. At least one time, MSA perform PCC testing to confirm the new PCC conforms SUDAS standards. 8. MSA will review televising prepared by the Contractor after the work is completed. 9. If required, MSA will prepare change orders for City review and approval. 10. MSA will submit monthly project updates to City Council 11. MSA will prepare a project punch list. 12. MSA will prepare and review project contract close-out documents. Assumptions: 1. MSA assumes that Contractor will complete all inlet, manhole, and chimney work in 2021. 2. MSA assumes that all turf restoration reviews can be conducted in the spring and that seed germination and growth issues can be resolved as part of the project warranty. 3. MSA assumes that site access will not be restricted, except due to weather and ground conditions. Therefore, this assumes that the Contractor will be able to make suitable and convenient arrangements to perform work on the campuses of Pleasant Valley School and Scott Community College. MSA can accommodate unusual or delayed work due to restricted site access for an additional fee. 4. MSA assumes that the City will inform and collaborate with Arconic for the Contractor to provide South Bellingham Street traffic control and maintenance. 5. MSA assumes the City will inform and collaborate with Arconic for the Contractor to perform rehabilitation work on the manhole chimneys located on Arconic property. MSA assumes the City will inform and collaborate with Brenny's for the Contractor to perform rehabilitation work on the sanitary sewer system located on or near Brenny's Motor Cycle Clinic. 7. MSA assumes the City will seek and collaborate with Brenny's for the Contractor to utilize Brenny's property to access portions of the sanitary sewer system located upstream and north of Brenny's Motorcycle Clinic. 5. MSA assumes that the City will provide notice to all affected residents of lane closures for Manor Drive. 6. MSA assumes the City will coordinate notification and necessary communication with the City of Bettendorf for all work to be performed along Fieldcrest Creek. MSA PROFESSIONAL SERVICES, INC. (MSA) GENERAL TERMS AND CONDITIONS OF SERVICES (PUBLIC) 1. Scope and Fee. The quoted fees and scope of services constitute the best estimate of the fees and tasks required to perform the services as defined. This agreement upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. MSA will promptly inform the OWNER in writing of such situations so that changes in this agreement can be made as required. The OWNER agrees to clarify and define project requirements and to provide such legal. accounting and insurance counseling services as may be required for the project 2. Billing. MSA will bill the OWNER monthly with net payment due upon receipt. Past due balances shall be subject to an interest charge at a rate of ¶2% per year from said thirtieth day. In addition, MSA may, after giving seven days written notice, suspend service under any agreement until the OWNER has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. Costs and Schedules. Costs and schedule commitments shall be subject to change for delays caused by the OWNER's failure to provide specified facilities or information or for delays caused by unpredictable occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults, by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts of regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of this agreement. 4. Access to Site. Owner shall furnish right -of -entry on the project site for MSA and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of services. MSA will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration, of damage that may result and shall not be responsible for such costs. 5. Location of Utilities. Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shaft take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information of instructions which have been furnished to Consultant by others. 6. Professional Representative. MSA intends to serve as the OWNER's professional representative for those services as defined in this agreement, and to provide advice and consultation to the OWNER as a professional. Any opinions of probable project costs, reviews and observations, and other decisions made by MSA for the, OWNER are rendered on the basis of experience and qualifications. and represents the professional judgment of MSA. However, MSA cannot and does not guarantee that proposals, bid or actual project or construction costs will not vary from the opinion of probable cost prepared by it. 7. Construction. This agreement shall not be construed as giving MSA, theresponsibility or authority to direct or supervise construction means, methods, techniques, sequence. or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 8. Standard of Care. In conducting the services, MSA will apply present professional, engineering and/or scientific judgment, and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the Services. The OWNER acknowledges that "current professional standards" shall mean the standard for professional services, measured as of the time those services are rendered, and not according to later standards, if such later standards purport to impose a higher degree of care upon MSA. MSA does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, MSA will not accept those terms and conditions offered by the OWNER in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 9. Construction Site Visits. MSA shall make visits to the site at intervals appropriate to the various stages of construction as MSA deems necessary in order to observe, as an experienced and qualified design professional, the progress and quality of the various aspects of Contractor's work. The purpose of MSA's visits to, and representation at the site, will be to enable MSA to better carry out the duties and responsibilities assigned to and undertaken by MSA during. the Construction Phase, and in addition, by the exercise of MSA's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed' work of Contractor will conform in general to the Contract Documents. and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, MSA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall MSA have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, MSA neither guarantees the. performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 10. Termination. This Agreement shall commence upon execution and shall remain in effect until. terminated by either party, at such party's discretion, on not less than thirty (30) days' advance written notice. The effective date of the termination is the thirtieth day after the non -terminating party's receipt of the notice of termination. If MSA terminates the Agreement, the OWNER may, at its option, extend the terms of this Agreement to the extent necessary for MSA to complete any services that were ordered prior to the effective date of termination. If OWNER terminates this Agreement, OWNER shall pay MSA for all services performed prior to MSA's receipt of the notice of termination and for all work performed and/or expenses incurred by MSA in terminating Services begun after MSA's receipt of the termination notice, Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. These General Terms and Conditions shall survive the completion of the services performed hereunder or the Termination of this Agreement for any cause. This agreement cannot be changed or terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing and duly executed by the parties hereto. 11. Betterment. If, due to MSA's error, any required or necessary item or component of the project is omitted from the construction documents, MSA's liability shall be limited to the reasonable costs of correction of the construction, less what OWNER'S cost of including the. omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that MSA will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. Page 1 of 2 , `12. Hazardous Substances. OWNER acknowledges and agrees that MSA has had no role in generating, treating, storing, or disposing of hazardous substances or materials which may be present at the project site, and MSA has not benefited from the processes that produced such hazardous substances or materials. Any hazardous substances or materials encountered by or associated with Services provided by MSA on the project shall at no time be or become the property of MSA. MSA shall not be deemed to possess or control any hazardous substance or material at any time; arrangements for the treatment, storage, transport, or disposal of any hazardous substances or materials, which shall be made by MSA, are made solely and exclusively on OWNER's behalf for OWNER's benefit and at OWNER's direction. Nothing contained within this Agreement shall be construed or interpreted as requiring MSA to assume the status of a generator, storer, treater, or disposal. facility as defined in any federal, state, or local statute, regulation, or rule governing treatment, storage, transport, and/or disposal of hazardous substances or materials. All samples of hazardous substances, materials or contaminants are the property and responsibility of OWNER and shall be returned to OWNER at the end of a project for proper disposal. Alternate arrangements to ship such samples directly to a licensed disposal facility may be made at OWNER's request and expense and subject to this subparagraph. 13. Insurance. MSA will maintain insurance coverage for: Worker's Compensation, General Liability, and Professional Liability. MSA will provide information as to specific limits upon written request. If the OWNER requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the OWNER. The liability of MSA to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amount which MSA has in effect. 14. Reuse of Documents. Reuse of any documents and/or services pertaining to this project by the OWNER or extensions of this project or on any other project shall be at the OWNER's sole risk. The OWNER agrees to defend, indemnify, and hold harmless MSA for all claims, damages, and expenses including attorneys' fees and costs arising out of such reuse of the documents and/or services by the OWNER or by others acting through the OWNER. 15. Indemnification. To the fullest extent permitted by law, MSA shall indemnify and hold harmless, OWNER, and OWNER's officers, directors, members, partners, agents, consultants, and employees (hereinafter "OWNER") from reasonable claims, costs, losses, and damages arising out of or relatingto the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of MSA or MSA's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "MSA"). In no event shall this indemnity agreement apply to claims between the OWNER and MSA. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that MSA is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of MSA to defend the OWNER on any claim arising under this agreement. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless, MSA, and MSA's officers, directors, members, partners, agents, consultants, and employees (hereinafter "MSA") from reasonable claims, costs, losses, and damages arising out of or relating to the PROJECT, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of the OWNER or the OWNER's officers, directors, members, partners, agents, employees, or Consultants (hereinafter "OWNER"). In no event shall this indemnity agreement apply to claims between MSA and the OWNER. This indemnity agreement applies solely to claims of third parties. Furthermore, in no event shall this indemnity agreement apply to claims that the OWNER is responsible for attorneys' fees. This agreement does not give rise to any duty on the part of the OWNER to defend MSA on any claim arising under this agreement. To the fullest extent permitted by law, MSA's total liability to OWNER and anyone claiming by, through, or under OWNER for any cost, loss or damages caused in part or by the negligence of MSA and in part by the negligence of OWNER or any other negligent entity or individual, shall not exceed the percentage share that MSA's negligence bears to the total negligence of OWNER, MSA, and all other negligent entities and individuals. 16. Dispute Resolution. OWNER and MSA desire to resolve any disputes or areas of disagreement involving the subject matter of this Agreement by a mechanism that facilitates resolution of disputes by negotiation rather than by litigation. OWNER and MSA also acknowledge that issues and problems may arise after execution of this Agreement which were not anticipated or are not resolved by specific provisions in this Agreement. Accordingly, both OWNER and MSA will endeavor to settle all controversies, claims, counterclaims, disputes, and other matters in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless OWNER and MSA mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement. A demand for mediation shall be made within a reasonable time after the claim,dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Neither demand for mediation nor any term of this Dispute Resolution clause shall prevent the filing of a legal action where failing to do so may bar the action because of the applicable statute of limitations. If despite the good faith efforts of OWNER and MSA any controversy, claim, counterclaim, dispute, or other matter is not resolved through negotiation or mediation, OWNER and MSA agree and consent that such matter may be resolved through legal action in any state or federal court having jurisdiction. 17. Exclusion of Special, Indirect, Consequential and Liquidated Damages. Consultant shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected. in any way to the project or this contract. 18. State Law. This agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 19. Jurisdiction. OWNER hereby irrevocably submits to the jurisdiction of the state courts of the State of Iowa for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement. OWNER further consents that the venue for any legal proceedings related to this Agreement shall be, at MSA's option, Sauk County, Wisconsin, or any county in which MSA has an office. 20. Understanding. This agreement contains the entire understanding, between the parties on the subject matter hereof and no representations. Inducements, promises or agreements not embodied. herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereto. Page 2 of 2 RESOLUTION 2021-51 A RESOLUTION APPROVING THE BUDGET WORKSHOP DATES FOR FY 2022-2023 FOR THE CITY OF RIVERDALE, IA WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, The City of Riverdale, Iowa must submit a budget to the Iowa Department of Revenue by March 31, 2022 and; WHEREAS, Staff would like to hold the following budget workshops in order to complete the budget forms by March 31, 2022 and; Dates Time November 9, 2021 6:oo PM Workshop with Fire Department November 23, 2021 6:oo PM Workshop with Administration December 14, 2021 6:0o PM Workshop for Public Works including Sewer January 11, 2022 6:oo PM Workshop for Capital Expenses and Salaries January 25, 2022 6:oo PM Workshop For Revenue February 8, 2022 6:oo PM Final Review of Budget WHEREAS, Staff wou d like the Mayor, Council, and residents to be involved in the budget planning for FY 2022-2023. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, Section 1 That the City Council approves the above mentioned budget workshop dates in order to submit the FY 2022-2023 budget by March 31, 2022. Passed and approved this 26th day of October, 2021. APPROVED ATTEST Michael Bowden, Mayor Katie Enloe, Deputy Clerk RESOLUTION 2021-52 A RESOLUTION APPROVING USIC LOCATING SERVICES TO PROVIDE SANITARY AND STORM SEWER LOCATING SERVICES FOR THE CITY OF RIVERDALE UNTIL NOVEMBER 15, 2022 WHEREAS, the City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa; WHEREAS, the City Council must assure that the City has a locating company that provides necessary labor and equipment to provide certain services relative to locating and marketing the City's Facilities in the Contract Service Area, and; WHEREAS, the City Administrator has reviewed the qualifications of the locating service who performs locating services for sanitary and storm sewer in the State of Iowa, and; WHEREAS, the locating service, USIC Locating Services, LLC has presented a proposal attached as Exhibit A to provide the necessary labor and equipment to provide certain services relative to locating and marking the City of Riverdale's facilities in the Contract Service Area until November 15, 2022. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Riverdale, Iowa authorizes the Mayor, Clerk and City Administrator to execute the agreement and take appropriate action to allow USIC to provide Sanitary and Storm Sewer locating services for the City as of November 15, 2021. Passed and approved this 26th day of October 2021. Michael Bawden, Mayor ATTEST: Katie Enloe, Deputy City Clerk EXHIBIT A FACILITIES LOCATING AND MARKING SERVICE CONTRACT THIS CONTRACT is entered into as of October 20, 2021, and is by and between USIC Locating Services, LLC, an Indiana limited liability company, (USIC), and City of Riverdale (Customer), each individually a party, and collectively, the parties. BACKGROUND A. Customer owns and operates Facilities in the geographic area described on Exhibit A to this Contract (Excavation Notification Area). B. Customer desires to have USIC provide the necessary labor and equipment to provide certain services relative to locating and marking Customer's Facilities in the Contract Service Area. CONTRACT Based on the Background set forth above and in consideration of the mutual covenants, terms and conditions set forth below, USIC and Customer agree as follows: 1. Definitions. In addition to the terms defined above the following capitalized terms when used in this Contract shall have the following meanings: 1.1 Advance Locate Service means conductive, inductive, and map based measurement locating methods which may include hand digging and/or vacuum excavation to accurately complete a Locate which may include hand digging and/or vacuum excavation. 1.2 Annual Contract Value means the aggregate of the last twelve months' Contract revenue. 1.3 APWA means the American Public Works Association and its Underground Utility Location and Coordination Council. 1.4 Atypical Condition (AC) means any unusual condition, exigency, or occurrence at a given worksite that requires USIC's use of extra resources City of Riverdale, IA Contract #: 20001346 (including but not limited to manhole or vault entry, Unlocatable Facilities, labor, time, and equipment) outside of those routinely expended by USIC to accurately and safely complete a Locate. 1.5 Contract Year means the 365 (366 if period includes February during a leap year) days beginning with the date this Contract begins and the anniversary date each year after. 1.6 Custom Reporting means any reporting request from customer to USIC that cannot be accomplished by customer via -USIC customer portal. 1.7 Customer's Facilities means any Facilities owned or operated by Customer. 1.8 Damage Investigation Fee means the fee charged to Customer for any damage investigation performed by USIC (to include Site photographs, measurements and/or other applicable forensic data) from which it is determined USIC is not at fault. 1.9 Damage to Customer's Facilities means the penetration or destruction of any protective coating, sheath, housing or other protective facility of underground plant, the partial or complete severance of underground plant, or the rendering of any underground plant partially or completely inoperable. 1.10 Emergency Normal Hours Locate means a request for a Locate that arises from a condition that threatens life, health or property as defined by applicable state law and are transmitted during USIC's normal, non -holiday business hours Monday through Friday (7:00 am — 5:00 pm). Emergency After Hours Locate means a request for a Locate that arises from a condition that threatens life, health or property as defined by applicable state law and is transmitted on weekends or on weekdays outside of the USIC's normal business hours (7:00 am — 5:00 pm). 1.12 Emergency Holiday Locate means a request for a Locate that arises from a condition that threatens life, health or property as defined by applicable City of Riverdale, A Contract k: 20001346 state law and/or is transmitted on any Federally observed holiday (New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Days, Thanksgiving Day, Christmas Day) or any state One -Call holiday. 1.13 Environmental Handling Fee means a fee imposed to cover USIC's cost and labor associated with proper use, disposal, and storage or recycling of any hazardous or harmful material to the environment. 1.14 Excavator means any person or entity which engages directly in excavation. 1,15 Facilities means any item used in connection with the storage or conveyance of water, sewage, electronic telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids or other substance including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles or anchors, either above or below ground. 1.16 Gridding (also known as "Excavation Notification Area") means the geographic boundary area identified by Customer and provided to the applicable state One -Call center which is used to determine whether a request for Locate will generate a ticket for Customer after receipt of an Excavator's notification of intent to excavate (i.e., receipt of a locate ticket). 1.17 Hazardous Materials means any toxic or hazardous substance, hazardous material, dangerous or hazardous waste, dangerous good, radioactive material, petroleum or petroleum -derived products or by-products, or any other chemical, substance, material or emission, that is regulated, listed or controlled pursuant to any national, state, provincial, or local law, statute, ordinance, directive, regulation or other legal requirement of the United States ("U.S.") or the country of the Site. 1.18 High Profile Facilities means non-residential fiber cables, telecom cables 1200 pair or greater, electrical switchgears, 1000MCM(Mill) cable, 6" or greater gas mains, and 10" or greater water mains. City of Riverdale, IA Contract it 20001346 1.19 Interruption of Service means an interruption in the services provided by Customer to its customers arising from a Damage to Customer's Facilities. 1.20 Locatable Facilities means Customer's Facilities that can be located with Reasonable Accuracy by using devices designed to respond to the presence of Customer's Facilities, together with records and facility prints, drawings, and maps of sufficient accuracy, but shall specifically not include Unidentifiable Facilities and Unlocatable Facilities. 1.21 Locate means the process of providing Locate Services in response to an Excavator's notice of intent to excavate in accordance with this Contract. 1.22 Locate Service means using Standard Locate Services or Advance Locate Services to determine: 1) the presence or absence of Customer's Facilities; 2) whether Customer's Facilities conflict with proposed excavations; and 3) where appropriate, the Marking of the proper path or routes of Customer's Facilities with Reasonable Accuracy. 1.23 Locator At Fault Damage means Damage to Customer's Facilities caused by an Excavator that occurs as a direct result of USIC not performing the Locate with Reasonable Accuracy. Locator At Fault Damage does not include alleged Damage to Customer's Facilities arising from USIC's late or untimely Locates that were performed with Reasonable Accuracy prior to the damage occurring. 1.24 Locator Not At Fault Damage means Damage to Customer's Facilities caused by an Excavator or other third party that occurs for any other reason other than USIC not performing the Locate with Reasonable Accuracy. 1.25 Marking means the use of stakes and flags, paint or other clearly identifiable materials at appropriately distanced intervals and at each divergence from a straight line in accordance with the current marking standards of the APWA. 1.26 Project Locate is a ticket type designated by the state one call center or is any Locate that involves multiple addresses or requires more than 30 minutes to Locate Facilities at the excavation Site. Project Locate time is City of Riverdale, IA Contract #: 20001346 tracked using system time thresholds and may include any ticket type (including but not limited to tickets designated as routine, normal, and/or emergency). 1.27 Reasonable Accuracy means the placement of appropriate Markings within the applicable state's tolerance zone. 1.28 Repair Costs means the reasonable and customary, actual costs incurred by Customer to repair Damage to Customer's Facilities arising from Locator At Fault Damages, but shall specifically exclude any Third Party Claims. "Repair Costs" is equal to only the actual labor, equipment, and material costs incurred by Customer to repair the Damage to Customer's Facilities as supported by actual invoice and/or receipts for work completed by each repair contractor. This shall include reasonable and customary costs incurred by Customer's in-house labor and 3rd party contractor(s), where an itemized breakdown for all parties included in the repair is submitted. "Repair Costs" specifically excludes, except where prohibited by law: the costs and expenses listed in paragraph 7.2; overhead charges; costs arising from betterment of plant (which shall include, among other things, any upgrade, improvement, reinforcement, enlargement or extension of Customer's Facilities); administrative charges including third party administrator fees; and costs arising out of collection actions, whether incurred by the Customer or collection agencies. 1.29 Services means the services to be provided by USIC under this Contract. 1.30 Site means the premises where Services are performed and Customer has ownership or exercises control. 1.31 Site Visit means to visit the Site of a request for a Locate, but there are no Locatable Facilities to be marked. 1.32 Standard Locate Service means 1) determining whether the Customer's Facilities are in conflict with proposed excavations when employing one conductive hook-up point on either side of a Locate target that is Identifiable, City of Riverdale, IA Contract #: 20001346 and 2) Marking, where appropriate, the proper path or routes of Customer's Facilities with Reasonable Accuracy. 1.33 Telecommunications Vault or Manhole Entry as stated 29 CFR 1910.269(x) is defined as an "enclosed space" or as a working space, such as a manhole, vault, tunnel, or shaft, that has limited means of egress or entry, that is designed for periodic employee entry under normal conditions, and that does not contain a hazardous atmosphere, but that may contain a hazardous atmosphere under abnormal conditions. "Manhole vaults" are confined spaces where a person's entire body can enter as opposed to "handhole vaults" where a person can reach in only. USIC personnel are authorized to only enter telecommunications manhole vaults when a second person is onsite, but not inside the manhole vault, in a supporting safety role. 1.34 Third Party Claims means any claims for losses, fines, penalties, damages, costs, fees, or expenses made by a person not a party to this Contract arising from or related to Damages to Customer's Facilities, including but not limited to, claims as a result of (a) injury to or death of any person, (b) damage to or loss or destruction of any property, or (c) losses identified in Section 7.2. 1.35 Ticket means the document generated at and transmitted by the One -Call center to USIC containing each request for Locate. 1.36 Unidentifiable Facilities means Customer's Facilities that are neither apparent on the records, facility prints, drawings, or maps provided by Customer or from a Visual Examination. 1.37 Unlocatable Facilities, including untonable facilities, means Customer's Facilities whose presence is known either from records provided by Customer or a Visual Examination, but which cannot be Marked with Reasonable Accuracy using Standard Locate Service procedures employed by USIC. City of Riverdale, IA Contract #: 20001346 1.38 Visual Examination means an attempt to determine the existence of Customer's Facilities at an excavation site by a reasonable visual inspection of the dig site rather than from Customer's maps and records. 1.39 Watch and Protect means to oversee Customer's Facilities during unusual or extensive excavation projects (i.e. road widening projects, sewer projects, etc.) and providing appropriate Locate Services as may be dictated by the nature and scope of the excavations. Service requires preauthorization or prior agreement by the parties regarding criteria to be applied. 1.40 White -Lining means the Excavator designates the route and/or area to be excavated using white premarking either onsite or electronically (when available through the One -Call center), prior to or during the request for the Locate. The route of the excavation is marked with white paint, flags, stakes, lines, polygons, or a combination of these to outline the dig site prior to or during notification to the One -Call center and before the locator arrives on the job. 2. Responsibilities of USIC 2.1 USIC shall furnish all labor, materials, and equipment necessary to perform Locate Services for Customer within the Contract Service Area, except for the maps and records to be provided by Customer under Section 3.1. All Ticket transmittals to USIC shall come directly from the One -Call center for the Contract Service Area. 2.2 Upon receipt of a request for a Locate, USIC will assess whether a field visit to the excavation site and a Visual Examination is required to determine if a conflict exists between the Customer's Facilities and the proposed excavation. If USIC determines that no field visit or Visual Examination is necessary, USIC will proceed under section 2.4 below. 2.3 If USIC determines that there are underground Locatable Facilities present at the excavation site, USIC will indicate the presence of those Facilities with appropriate Markings. 2.4 If USIC determines that Customer's Facilities are not present at the excavation site, USIC will either notify Excavator prior to the proposed City of Riverdale, A Contract #: 20001346 excavation that Customer's Facilities are not present or mark the excavation site in a manner to indicate that Customer's Facilities are not present at the proposed excavation site. 2.5 Customer agrees that USIC will have the right to screen tickets via prints and other technology which eliminates the requirement for an in person visit to the Site. Customer also agrees that, notwithstanding anything to the contrary contained in this Contract, USIC will not be liable for any damages that occur because of incorrect prints. 2.6 If USIC determines that there are Unlocatable Facilities at the excavation site, it will notify Customer and Customer will be responsible for determining what course of action should be followed to assure that the Unlocatable Facilities are not damaged by Excavator. USIC will not be liable for any damages associated with an Unlocatable Facility. 2.7 Any maps and records furnished by Customer pursuant to section 3.1 shall remain the property of Customer. USIC agrees to return all copies of such maps and records to Customer upon Customer's written consent or at the termination of this Contract. This obligation of confidentially shall survive the termination of this Contract. All customers maps and records shall be kept confidential by USIC unless 1) such maps and records were previously known to USIC free of any obligation to keep them confidential; 2) such maps and records are given to USIC by a third party not obligated to keep them confidential; 3) such maps and records become public without any act or omission of USIC; or 4) otherwise, as required by law. 2.8 Subject to the terms of section 3.2, USIC shall perform the Services as an independent contractor and as such, USIC has the right to exercise control and supervision of the work and full control over the employment, direction, compensation and discharge of all persons assisting it in performing the Services. Further, USIC agrees that it will be solely responsible for the payment of its employees and for the payment of all federal, state, county and municipal taxes and contributions pertaining thereto. City of Riverdale, IA Contract #: 20001346 2.9 USIC shall comply with the provisions of all applicable permits and licenses relative to the Services to be performed hereunder. 3. Responsibilities of Customer 3.1 Customer agrees not to suppress or screen any tickets in the Excavation Notification Area that would otherwise come to USIC from the state One - Call center. All Customer tickets shall be transmitted directly to USIC from the state One -Call center. 3.2 Customer shall not change existing Gridding such that the volume of tickets received by USIC is reduced with the applicable state One -Call center on or after the Contract Effective Date except as provided in Section 5.4. 3.3 Customer agrees to provide USIC with the maps and prints in a GIS format (.shp, .mdb, or .gdb) and One -Call ticket information (One -Call format for the applicable state) via e-mail or web services to USIC's Ticket Management System, so as to permit USIC to provide the Locate Services. Customer acknowledges that it is Customer's responsibility to keep all applicable maps, records, and prints up to date and provide them to USIC in a timely manner via Secure File Transfer Protocol (SFTP.) USIC bears no liability for Customer's failure to provide accurate maps, records, and/or prints, or any damage which arises from inaccurate maps, records, and/or prints. 3.4 Customer agrees that it will reasonably cooperate with USIC regarding receipt and resolution of Third Party Claims, which cooperation shall include but not be limited to reasonable information sharing. 3.5 Customer will pay USIC for the Locate Services in accordance with the charges set forth on Exhibit A. USIC shall bill for all tickets received from the State One -Call center, on behalf of Customer. USIC will not be responsible for the accuracy, updates to or the completeness of the definition of the Contract Service Area that Customer has provided to the State One -Call center. Var.,nn 1 n RG1.,kael nP/n City of Riverdale, IA Contract tl: 20001346 3.6 Customer agrees to provide USIC with all state -issued 811 codes and a comprehensive Customer Point of Contact list within twenty-four (24) hours of Contract execution. 3.7 Customer recognizes White -Lining as a best practice for safe excavations. Customer agrees to use its best efforts to promote proper "White -Lining" by Excavators. 3.8 For Locates involving subsurface electric transmission of voltages greater than 33kV: (1) Customer will provide a qualified electric worker to identify the utility locating equipment connection point(s), via Customer's transmission engineering and system expertise; (2) Customer will make the connection(s) safely without requiring entry inside the Minimum Approach Distance for such hazards; (3) Markings will be provided outside the Minimum Approach Distance. The Locate may require the Customer to make multiple connections to safely reach the full scope of the Ticket. Customer will be notified via email of any Locates with an electric transmission line on the Site and once the Marking is complete. 4. Invoicing and Payment Terms 4.1 USIC will remit monthly invoices to Customer via Customer specified email address. 4.2 All amounts payable under this Contract shall be paid on a net thirty (30) days basis, following the date of invoice. 4.3 A 3% late payment fee will be assessed for any invoice past due. 4.4 If Customer fails to pay any invoice pursuant to the payment terms set out in this section, then USIC may give written notice describing such breach ("Notice of Default"). If such material breach is not curable or the Customer fails to pay USIC's invoices within ten (10) days following receipt of the Notice of Default then, at the option of USIC, this Agreement shall terminate, in addition to all the other rights and remedies available to the non -breaching party under this Agreement and at law and in equity. City of Riverdale, IA Contract #: 20001346 4.5 If Customer fails to pay any Invoice according to the provisions of this Agreement and (a) such failure continues for a period of five Business Days after written Notice of such failure is provided to Customer or (b) USIC has reasonable grounds for insecurity regarding the performance by Customer of any obligation under this Agreement, then USIC, by delivery of written Notice to Customer, may demand Adequate Assurance by Customer. "Adequate Assurance" means, at the option of Customer, (i) the advance payment in cash by Customer to USIC for Work or (ii) delivery to USIC by Customer of a letter of credit in an amount equal to not less than the aggregate amounts owed from Customer to USIC hereunder for the prior two month period. If Customer fails to provide Adequate Assurance to USIC within 72 hours of USIC's request, USIC shall have the right to, at its sole option, (i) renegotiate payment terms under the Agreement; (ii) terminate this Agreement upon written Notice to Customer, or (iii) suspend or reduce all services under this Agreement without prior Notice to Customer, in each case, without limiting any other rights or remedies available to USIC under this Agreement or otherwise. If USIC exercises the right to terminate this Agreement or suspend or reduce any services, then Customer shall not be entitled to take, or cause to be taken, any action hereunder or otherwise against USIC for such termination, suspension, or reduction. 5. Term, Termination, Changes and Exclusive Nature of Contract 5.1 This Contract shall be effective as of November 15, 2021, and continue for a period of one (1) year, with automatic renewal for consecutive periods of one (1) year on each expiration date, unless sooner terminated pursuant to Section 5.3. 5.2 Customer shall use USIC as its exclusive provider of Locate Services within the Excavation Notification Area as identified in Exhibit A. 5.3 Either party to this Contract can terminate this Contract upon sixty (60) days' prior written notice to the other. Upon such termination Customer shall only be liable for payment for any Services performed by USIC prior to the effective date of termination. Failure by Customer to provide proper notice City of Riverdale, IA Contract #: 20001346 under this provision will result in a penalty equal to 60 days average billing over the prior twelve-month period. 5.4 Either party may at any time propose changes in the schedule or scope of this Contract. USIC is not obligated to proceed with any change until both parties agree upon such change in writing. The written change documentation will describe the changes in the scope and schedule, and the resulting changes in price and other provisions, as agreed. 5.5 The scope, pricing, schedule and other provisions may, as appropriate, be equitably adjusted by USIC within 30 days of written notification to reflect additional costs or obligations incurred by USIC resulting from a change in Customer's requirements or procedures, or in industry specifications, codes, standards, applicable laws or regulations. 5.6 Without prejudice to any other right or remedy USIC may have under the Agreement, at law and/or in equity and upon providing written notice of such termination to Customer, USIC may terminate the Agreement without any liability being owed thereby by Customer to Contractor, in the event of the occurrence of any of the following: 5.6.1. insolvency of Customer; 5.6.2. filing of a voluntary petition in bankruptcy by Customer; 5.6.3. filing of an involuntary petition in bankruptcy against Customer; 5.6.4. appointment of a receiver or trustee for Customer; 5.6.5. execution by Customer of an assignment or any general assignment (other than an assignment undertaken in connection with a financing) for the benefit of creditors; 5.6.6. commencement of any legal proceeding against Customer that, in USIC's opinion, may interfere with USIC's ability to perform in accordance with the Contract; 5.6.7. or Customer consolidates with, or merges with or into, or transfers all or substantially all of its assets to, another entity and/or sells, assigns or otherwise transfers the Contract; in each case without USIC's advance written consent. City of Riverdale, IA Contract #: 20001346 6. Investigations of Damage to Customer's Facilities 6.1 Should Customer become aware of any Damage to Customer's Facilities that occurs after USIC has been asked to perform a Locate for Customer, the Customer shall promptly, and not later than twelve (12) hours from becoming aware of the Damage, notify USIC. This notification may be made by calling USIC at 1-800-778-9140 or by sending an email to USICDispatch c(ilusicllc.com and should include the street address of the damage location, damage date and size/type of facility. Both parties to this Contract reserve the right and shall be entitled to investigate any reports of Damage to Customer's Facilities. 6.2 USIC will investigate incidents of Damage to Customer's Facilities and provide, upon request, a written report of its findings to Customer. Such report will contain USIC's determination as to whether the Damage to Customer's Facilities constitutes a Locator At Fault Damage. Customer shall have thirty (30) days after notification of USIC's completion of the investigation to contest USIC's conclusion, Unless Customer notifies USIC in writing within such time period that it disputes USIC's conclusion as to a Locator At Fault Damage, USIC's conclusion with regard to that issue shall be deemed final and binding with respect to this Contract. If Customer disputes USIC's conclusion, the parties will seek to mutually resolve such dispute and if they cannot, such dispute will be resolved in accordance with section 12. 6.3 USIC shall be entitled to collect a Damage Investigation Fee for each investigation, performed by USIC relating to a potential or alleged Damage to Customer's Facilities, unless such investigation concludes or the parties ultimately agree that the damage was Locator At Fault. 6.4 Customer agrees that should it fail to notify USIC as provided in section 6.1 of any Damage to Customer's Facilities within twelve (12) hours after Customer receives notice of the damage, then USIC shall not be liable to Customer for Repair Costs arising from that Damage to Customers' Facilities and Customer shall indemnify USIC against Third Party Claims as Veninn R fl Rn,,kad nsmv mmn City of Riverdale, IA Contract #: 20001346 applicable, in accordance with Section 7, even if it is later determined that such damage constitutes a Locator At Fault Damage, 6.5 When damages are determined to be Locator at Fault Damage, Customer agrees that USIC will be invoiced for repair costs only with supporting documentation provided with the invoice. Customer agrees not to invoice USIC for third party claims administrator fees. 6,6 Customer agrees to submit all supporting documents and detail for any claims related to USIC's failure to perform within 6 months of date of claims invoice. If USIC does not receive supporting detail to justify the invoice, Customer shall waive the ability to further request payment or withhold payment for USIC due to any contested invoices. This provision does not preclude Customer from seeking remedies in a court of competent jurisdiction. 7. Limitation of Liability and Indemnification 7.1 USIC will be responsible for paying Customer's Repair Costs only if: a) USIC receives a request to provide Locate Services with respect to Customer's Facilities at the location of the Damage, and b) the Damage to Customer's Facilities constitutes a Locator At Fault Damage. Repair Costs payable by USIC shall at no time collectively exceed $1,000 per incident. If the Damage to Customer's Facilities is not At Fault Damages or if Customer's Facilities are Unidentifiable Facilities or Unlocatable Facilities, USIC's only responsibility will be to provide whatever support to Customer it can reasonably provide to establish whether the Excavator or another third party is liable for such Damage to Customer's Facilities. The total liability of USIC for all claims of any kind arising from or related to the formation, performance or breach of this Contract or any products or Services shall not exceed one times the annual collected contract value determined by trailing twelve month period, to the extent compliant with applicable law. 7.2 To the fullest extent compliant with applicable law, USIC shall not be liable for loss of profit or revenues, loss of use of equipment or systems, Interruption of Service, cost of replacement power, cost of capital, downtime Version 3.0 Revised 08/03/2020 1 City of Riverdale, IA Contract #: 20001346 costs, increased operating costs, administrative costs including third party administrator fees, and any special, consequential, incidental, indirect or punitive damages, or claims of any customers of Customer for any of the foregoing types of damages. Nothing in Sections 7.1 or 7.2 shall be interpreted -to limit liability on the part of USIC for wanton, willful, reckless, or grossly negligent conduct on the part of USIC. 7.3 Each Customer and USIC (as an "Indemnifying Party") shall defend and indemnify the other party (as an "Indemnified Party") from and against claims brought by a third party, on account of personal injury or damage to the third party's tangible property, to the extent caused by the negligence of the Indemnifying Party in connection with this Contract. In the event the injury or damage is caused by joint or concurrent negligence of Customer and USIC, the loss or expense shall be borne by each party in proportion to its degree of negligence. The Indemnifying Party may retain counsel of its choosing, at its own expense. The Indemnified Party may retain separate or additional counsel as well, but cost of such counsel shall be borne by the Indemnified Party. USIC shall not indemnify Customer for claims resulting from Damages that are not caused by USIC's negligence or for damages to Unidentifiable Facilities, Unlocatable Facilities or Third Party Claims that arise from the sole negligence or willful misconduct of Customer, its agents or employees. 8. Price Revisions 8.1 At the beginning of each Contract Year subsequent to the first Contract Year, the charges for Locate Services set forth on Exhibit A shall be increased annually by 4%. 8.2 Notwithstanding Section 8.3, USIC may, following the first contract year, adjust the prices for Locate Services set forth on Exhibit A upon reasonable justification and thirty (30) days' notice to Customer. Unless Customer contests, in writing within the thirty (30) day notice period, the price increase will become effective on the date identified in USIC's notice. If Customer contests the basis for the price increase as provided above, the parties shall Version 3.0 Revised 08/03/2020 City of Riverdale, IA Contract #: 20001346 either negotiate a mutually agreeable resolution or resolve the dispute as provided in section 12.1, 8.3 USIC may on a semiannual basis adjust fees based upon fluctuation in fuel prices. The adjustment will be based on "U.S. Regular Conventional Retail Gas Prices" from the US Department of Energy site: http://www.eia.doe.gov/oil qas/petroleum/data publications/wrqp/mo gas history.html. 9. Environmental Health and Safety Matters 9.1 Customer shall maintain safe working conditions at the Site, including, without limitation, implementing appropriate procedures regarding Hazardous Materials, confined space entry, and energization and de- energization of power systems (electrical, mechanical and hydraulic) using safe and effective lock-out/tag-out ("LOTO") procedures including physical LOTO or a mutually agreed upon alternative method. 9.2 Customer shall timely advise USIC, in writing, of all applicable Site -specific health, safety, security, and environmental requirements and procedures, which shall include any instructions to USIC's personnel regarding Customer's safety practices. Without limiting Customer's obligations pursuant to Article 3 USIC may, from time -to -time, review and inspect applicable health, safety, security and environmental documentation, requirements and/or procedures at the Site. 9.3 If, in USIC's reasonable opinion, the health, safety, or security of personnel at a Site may be imperiled by security risks, terrorist threats/acts, potential exposure to Hazardous Materials, or unsafe working conditions; USIC may: (1) evacuate some or all of its personnel from Site; (2) suspend performance of all or any part of the Contract; (3) remotely perform or supervise work; and/or (4) take any other action necessary to protect such personnel. Any such occurrence shall be considered an excusable event. Customer shall reasonably assist in any such evacuation. Version 3.0 Revised 08/03/2020 City of Riverdale, A Contract #: 20001346 9.4 Operation of Customer's equipment is the responsibility of Customer. Customer shall not require or permit USIC's personnel to operate Customer's equipment at Site. 9.5 Customer will make its Site medical facilities and resources available to USIC personnel who need medical attention. 9.6 USIC has no responsibility or liability for the pre-existing condition of Customer's equipment or the Site. Prior to USIC starting any work at Site, Customer will provide documentation that identifies the presence and condition of any Hazardous Materials existing in or about Customer's equipment or the Site that USIC may encounter while performing under this Contract. Customer shall disclose to USIC industrial hygiene and environmental monitoring data regarding conditions that may affect USIC's work or personnel at the Site. Customer shall keep USIC informed of changes in any such conditions. 9.7 USIC shall notify Customer if USIC becomes aware of: (i) conditions at the Site differing materially from those disclosed by Customer, or (ii) previously unknown physical conditions at Site differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. If any such conditions cause an increase in USIC's cost of, or the time required for, performance of any part of the work under the Contract, an equitable adjustment in price and schedule shall be made. 9.8 Information Transfer: As referenced in OSHA 1910.269(a)(3) and (a)(4), before work begins, the appropriate Customer's Representative shall provide USIC access to the following information: a. Existing characteristics and conditions of the Customer's installations that are related to the safety of the work to be performed; b. Information about the design and operation of the Customer's installations that USIC needs; c. Arc flash studies; Version 3.0 Revised 08/03/2020 City of Riverdale, IA Contract #: 20001346 d. Ground fault studies; e. Hand hole, manhole, and utility vault details; and f. Danger poles tagging 9.9 As referenced in OSHA 1910.269(a)(3), USIC shall ensure that each of its employees is instructed in hazardous conditions relevant to the work, and USIC shall advise the Customer of any hazardous conditions found before and during the work. 9.10 If USIC encounters Hazardous Materials in Customer's equipment or at the Site that require special handling or disposal, USIC is not obligated to continue work affected by the hazardous conditions. In such an event, Customer shall eliminate the hazardous conditions in accordance with applicable laws and regulations so that USIC's work under the Contract may safely proceed, and USIC shall be entitled to an equitable adjustment of the price and schedule to compensate for any increase in USIC's cost of, or time required for, performance of any part of the work. Customer shall properly store, transport and dispose of all Hazardous Materials introduced, produced or generated in the course of USIC's work at the Site. 9.11 Customer shall indemnify USIC for any and all claims, damages, losses, and expenses arising out of or relating to any Hazardous Materials which are or were (i) present in or about Customer's equipment or the Site prior to the commencement of USIC's work, (11) improperly handled or disposed of by Customer or Customer's employees, agents, contractors or subcontractors, or (iii) brought, generated, produced or released on Site by parties other than USIC. 10. Equal Employment 10.1 USIC is an equal opportunity employer. We are committed to ensuring equal employment opportunities for all applicants and employees, and do not to discriminate on the basis of sex, race, religion, color, national origin, age, disability, genetic information, or veteran status, or any other basis protected by federal, state or local law. Version 3.0 Revised 08/03/2020 City of Riverdale, IA Contract #: 20001346 11. Insurance 11.1 USIC provides the following insurance coverage: INSURANCE COVERAGE: LIMITS: Workers Compensation Statutory Limit Employers' Liability Each Accident Disease, Policy Limit Disease, Each Employee $1,000,000 $1,000,000 $1,000,000 Comprehensive General Liability (contractual liability limited to terms and conditions of the insurance policy) Each Occurrence $2,000,000 (bodily injury, advertising injury, personal injury and advertising injury) General Aggregate $8,000,000 Products Completed Operations Aggregate $8,000,000 Medical Limits Not Covered Damages to Premises Rented to You Limit $1,000,000 Automobile Liability CSL Cyber 12. Dispute Resolution $5,000,000 $10,000,000 12.1 The parties agree that any dispute, controversy, or claim arising out of or related to this Contract, including any question regarding its existence or validity, shall be resolved in accordance with this Section 12. 12.2 Prior to seeking third party adjudication relating to a dispute under the terms of this Contract, the party will first informally attempt to resolve the dispute with the other party by seeking a meeting with the appropriate higher management representative(s) of the other party via written notice. Such meeting shall be Version 3.0 Revised 08/03/2020 4 IN City of Riverdale, IA Contract #: 20001346 held within twenty (20) business days after the giving of notice. All negotiations and resolutions pursuant to this Section 12.1 are confidential and shall be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. If the dispute is not resolved within thirty (30) business days after the giving of notice, or such later date as may be mutually agreed, either party may pursue formal resolution in accordance with the below Section 12.3. 12.3 The Parties shall attempt to resolve any claims, disputes and other controversies arising out of or relating to this Agreement (collectively, "Disputes") promptly by negotiation between individuals who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. All negotiations pursuant to this Section are to be deemed confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If the Dispute has not been resolved by negotiation within sixty (60) Days of the disputing Party's initial notice, or if the Parties failed to meet for the first time within ten (10) Days of the initial notice, then either Party may initiate arbitration or litigation for matters in dispute of $250,000 or less. For all matters in dispute over $250,000, either party may initiate litigation in a court of competent jurisdiction. Either Party shall have the right, in its discretion, to include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in any litigation. 13. Non Solicitation 13.1 Customer agrees that during the Term of this Contract and for a period of twelve (12) months thereafter, Customer will not hire or solicit for hire any employee of USIC who has been used by USIC within the last six months for the purpose of providing the Services to Customer. Version 3.0 Revised 08/03/2020 Oe City of Riverdale, IA Contract #: 20001346 14. Force Majeure 14.1 Neither party shall be deemed to be in default of this Contract to the extent that any delay or failure to perform its obligations, other than the payment of money, results from any cause beyond its reasonable control and without its fault or negligence, such as acts of God, acts of civil or military authority, embargoes, epidemics, pandemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather conditions or strikes. If USIC claims that it is delayed by such a cause, it shall notify Customer immediately and Customer shall be entitled to obtain the Services from any other person until such cause terminates as evidenced by a notice from USIC that such cause has ended. 15. Contract Modification and Assignment 15.1 This Contract may only be modified or amended by a written instrument signed by an authorized representative of USIC and Customer. The term "Contract" shall include any such future amendments or modifications. 15.2 Customer may not assign, delegate, or otherwise transfer its rights or obligations under this Agreement, voluntarily or involuntarily, whether by merger, consolidation, dissolution, affiliation, operation of law, or any other manner, without at least 60 days' advance notice and the prior written consent of USIC. 16. Contract Entirety 16.1 This Contract shall constitute the entire contract between the parties with respect to the subject matter of this Contract. Customer and USIC each represent that it has read this Contract, agrees to be bound by all terms and conditions contained in this Contract, and acknowledge receipt of a signed, true exact copy of this Contract. 17. Severability Clause 17.1 The parties expressly agree that if any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' Version 3.0 Revised 08/03/2020 91 City of Riverdale, IA Contract it: 20001346 intention. All remaining provisions of this Contract shall remain in full force and effect. 18. Contract Notification 18.1 Any notice, consent or other communication given under this Contract shall be in writing (unless otherwise specified in this Contract as permitting oral or verbal communication) and delivered to the below authorized representative of each party, specifying the subject matter and any other persons at USIC or Customer who should be notified of the notice, consent, or other communication. Notice shall be effective on the date when sent via email or, if delivered via certified mail, such notice shall be effective five (5) days after the date of mailing thereof. 18.1.1 USIC authorized representative: Attn: Contracts 9045 River Road, Suite 200 Indianapolis, IN 46240, contracts(@,usicllc.com 18.1.2 Customer authorized representative: Attn: Kent Royster 110 Manor Drive Riverdale, IA 52722 cityadmin@riverdaleia.org [Signature page follows] Version 3.0 Revised 08/03/2020 99 City of Riverdale, IA Contract #: 20001346 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized officers or representatives. City of Riverdale USIC Locating Services, LLC By: By: (Signature) (Please print) (Signature) Darin Stalbaum (Please print) Title: Title: Vice President Date 10/20/2021 Version 3.0 Revised 08/03/2020 23 City of Riverdale, IA Contract t: 20001346 Exhibit A USIC Locating Services, LLC shall provide Sanitary & Storm Sewer Locating Services: In the State of Iowa Member Codes (state One -Call CDC or Customer Description Codes): RVD USIC Locating Services, LLC Pricing: $ 15.00 Per Ticket Received from the One Call $ 40.00 Per Emergency Call Out Ticket $ 15.00 Project Price Per Quarter Hour for Tickets that Exceed 30 Minutes $ 275.00 Damage Investigation Fee Mail Invoices To: City of Riverdale ATTN: Kent Royster 110 Manor Drive Riverdale, A 52722 Phone: 563-355-2511 Email: citvadmin{ariverdaleia.orq USIC shall render invoices and statements to Customer on a monthly basis. Each statement shall be paid by Customer within thirty (30) days of invoice date. Version 3.0 Revised 08/03/2020 9A RESOLUTION 2021-53 A RESOLUTION ACCEPTING AND AUTHORIZING THE MAYOR TO SIGN THE NDPES PHASE II (MS4) ANNUAL REPORT WHEREAS, the City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa; WHEREAS, the City of Riverdale is required to submit a NDPES Annual Report to Iowa Department of Natural Resources by October 29, 2021; and, WHEREAS, Chris Cooper, P.E of MSA-PS has prepared and presented a comprehensive and accurate report for the City of Riverdale; WHEREAS, the City Council of the City Riverdale recognizes the report and its' recommendations NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA, The City Council hereby accepts and reaffirms that the Mayor of the City of Riverdale, Iowa, is hereby authorized to sign and accept the NPDES Phase II (MS4) Annual Report 2020-21 on behalf of the City of Riverdale, Iowa. Passed, approved and adopted this 26th day of October 2021. APPROVED ATTEST Michael Bowden, Mayor Katie Enloe, Deputy Clerk Ordinance 04-2021 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RIVERDALE, IOWA, SECTIONS 95,135 CONCERNING SEWER SERVICE RATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RIVERDALE, IOWA: Section 1: The Code of Ordinances, City of Riverdale, Iowa is hereby amended by amending Chapter 95, Section 135 Rates, to read as follows: 95.135 RATES The rates for comprehensive sewer service charges shall be reviewed annually and established from time to time by City of Riverdale Council ordinance and shall be as followvs 1. Basic Sewer Serice Charge. The basic sewer service charge shall be charged on each bill to each customer regardless of usage. The charge is based on the user classification. The classes are Residential (RESID), Small Other Public Authority (Small OPA), Large Other Public Authority (Large OPA), Commercial (COMM) and Industrial (INDU). In no case shall the minimum bill be less than the basic service charge. The basic sewer service charge on each quarterly bill sill be charged as foilowes for the next five calendar years: Minimum Fee Per Quarter by User Class INDU COMM Large OPA RESID/Small OPA January 1, 2022 230.00 January 1, 2023 January 1, 2024 $ 236.90 $ 244.01 $ 36.05 $ 37.13 $ 116.00 $ 123.06 $ 21.63 $ 22.28 January 1, 2023 251.33 38.25 126.76 22.95 January 1, 2026 $ 258.87 $ 39.39 $ 130.56 $ 23.64 2. The Customer Usage Charge. The customer usage charge is determined by the amount of water used measured in units of 100 cubic feet. The unit flow cost per one hundred (1o0) cubic feet shall be different for each class. This Charge is in addition to the Basic Service Charge. The charge for each unit used per class kill be charged as follows for the next five fiscal years: Cost per Unit by Class INDU CONibi Large OPA RESID/Small OPA $ January 1, 2022 3.25 1.35 0.90 $ 2.80 January 1, 2023 $ 3.35 $ 1.39 $ 1.50 $ 2.88 January 1, 2024 3.45 1.43 1.55 2.97 January 1, 2025 $ 3,55 1.48 1.59 3.06 January 1, 2026 3.66 1.52 1.64 3.15 /�:6 _1 !e• Rates to Be Changed, Effective January 1 of each said calendar year, the comprehensive sewer service charge as provided in this section, to be paid by users of the wastewater treatment facilities of the city and billed beginning of April 1, 2022, is hereby established per the tables above. The rate charged is subject to review by the City Council and may be adjusted by ordinance. For calendar year 2026 and following the rates will remain at 2026 levels until modified by the City Council. Section 2: REPLEALER. MI ordinances or part of ordinances in conflict with the provisions of this Ordinances are hereby repealed. Section 3: SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid, unconstitutional or unenforceable for any reason, such adjudication shall not affect the validity or enforcement of the remaining provisions. Section 4: EFFECTIVE DATE. This Ordinance shall become effective on January- 1, 2022, following its final passage and approval and publication provided by law. Passed by the City of Riverdale City Council and signed this day of November 2021. ATTEST: Mayor Michael Bawden Katie J. Enloe First Reading: October 12, 2021 Second Reading: Third Reading: City of Rivorrimin 1n•n, ORDINANCE NO. 05-2021 ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF RIVERDALE, IOWA BY ADDING A NEW CHAPTER AUTHORIZING THE FORMATION OF A FINANCE COMMITTEE BE IT ENACTED by the City Council of the City of Riverdale, Iowa: Section 1. NEW CHAPTER. The Code of Ordinances of the City of Riverdale, Iowa, 2021 is amended by adding a new Chapter 22.0 entitled Finance Committee, which is hereby adopted to read as follows: 32.402 Purpose The purpose of this chapter is to establish a Finance Committee to make recommendations on financial matters of the City and to monitor the integrity of the City's financial reporting process. 32.403 Membership Membership of the Finance Committee is comprised of 3 persons: The committee may be representatives from the City Council; and members of the community, appointed by the Mayor and confirmed by the City Council, who shall serve without compensation, for a term of two years. • The Finance Committee will meet as needed; ▪ The Finance Committee will designate a chair and a recording secretary; • The City Clerk will prepare an agenda or work plan for each meeting; • A record of the proceedings will be kept in the same manner as official minutes of the City Council. 32.404 Powers and Duties The Finance Committee shall have the following powers and duties: • To monitor the budget and finance activities thm monthly review and discussion of financial reports especially monthly Bank Reconciliation • To assist with the development of financial policies and make recommendations to the City Council • To review the City's annual audited financial statements prior to acceptance by the City Council. • To assist with the development of rate structures and fee schedules for City services; • To assist with the development and implementation of internal control procedures and practices with regard to finance, accounting, and legal compliance; 32.405 Staff Support. City staff support for the Finance Committee shall be the City of Riverdale City Clerk Section 2. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid of unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Repealer. Any ordinance or parts of ordinances in conflict herewith are hereby repealed. Section 4. When Effective. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. MAYOR Michael Bawden ATTEST: Katie J. Enloe, Deputy City Clerk First Reading: Second Reading: Third Reading: MSA PROJECT UPDATE A Review of MSA Projects in Your Community City of Riverdale, IA CLIENT LIAISONS: Kevin Bailey, PE, Team Leader & Office Manager Phone: (563) 424-3701 Email: kbailwey@msa-ps.com Christian R. Cooper, PE, CPESC. Phone: (563) 424-3696 Email: ccooper@msa-ps.com DATE: OCTOBER 26, 2021 SANITARY SEWER REHABILITATION PROJECT — PHASE 2 The Contracts for the sanitary sewer project. MSA will try to schedule a pre -construction meeting. WOODS ESTATES EMERGENCY ACCESS ROUTE MSA is progressing on the plans for this project. MSA met at the project site with Mr. Miller to learn about the supply lines for the water fountain. CITY HALL PARKING LOTS MSA did meet with the City Administrator. MSA discussed possible cost savings if Hot -Mix - Asphalt (HMA) is utilized instead of Portland Cement Concrete (PCC). It is our understanding, in the manner the Mayor appears to have budgeted for this project, that the City would like to move forward with this project with PCC paving. SOUTH BELLINGHAM STREET INTAKE The repair of these intakes will be addressed by the sewer rehabilitation construction project. WATER MAIN BREAK ON FENNO ROAD MSA has been having regular communication with Iowa American, RTM Engineering, and Hawkeye Water and Sewer. Construction for the new curb on the west side of Fenno should begin this week. PROJECT UPDATE Page 1 of 2 JMSA P:110800s110870s110876\PROJECT UPDATES & MEETINGS\Project Updates\2021 Updates1211026 Riverdale Project Update.docx PROJECT UPDATE City of Riverdale, IA October 26, 2021 CAPITAL IMPROVEMENTS MSA is working on determining budget costs for the Woods Emergency Access Road, stabilization for a critical portion of Fieldcrest Creek, and a third phase of the sanitary sewer rehabilitation program. MISCELLANEOUS None PROJECT UPDATE Page 2of2 MSA P.110800s110870s\10876\PROJECT UPDATES & MEETINGSIProject Updates12021 Updates1211026 Riverdale Project Update.docx